One of your tenant refuses to leave at the end of his or her lease?

As their lease expires on June 30, many landlords have been informed by their tenants that they may continue to occupy their dwelling even after their lease has expired. This unfortunate situation could complicate the arrival of new tenants, and landlords are very concerned.

A survey conducted by CORPIQ in June 2021, to which 1741 landlords from across Quebec responded, indicates that nearly 5% of them had been warned by a tenant who had chosen not to renew his or her lease, but did not intend to move out at the end of it.

Here's what to do in such a situation:

A tenant who has given notice of non-renewal of a lease must vacate at the end of the lease term and becomes an unentitled occupant if he or she exceeds that term. A landlord in this situation can get an emergency hearing at the Tribunal administratif du logement and then an eviction order within a few weeks. However, the chaos created by this type of behavior and the harm done to the tenant who wishes to move into their new home is enormous, not to mention the logistical nightmare for the landlord. The offending tenant is responsible for the losses and costs incurred by his or her refusal to vacate, such as temporary accommodations for the new tenants, the storage of their belongings, as well as sums for disturbance and inconvenience. A tenant who blocks the arrival of another tenant who has a valid lease exposes himself or herself to a lawsuit and a judicial file that will not be without consequences.

Before getting to that point, try to explain to the tenant the consequences and especially the solutions available to him or her. The tenant will have to:

• Rent a storage space for their furniture
• Live with a family member or a friend
• Call their municipality or 311 if they live in Montreal

Indeed, tenants have access to resources (storage, temporary housing, help to find a place to live, etc.) through their municipality. A tenant who has chosen not to renew his or her lease and who cannot find suitable housing should do everything possible to obtain assistance in finding housing or temporary accommodation.

For 2018-2019, 438 post-lease eviction applications were brough before the Tribunal administratif du logement (TAL). In 2020-2021, 588 cases of eviction requests for unauthorized occupancy (after the lease has expired), were opened before the Tribunal, a new high [1]. CORPIQ expects an increase once again this year.

 

---