My landlord repossessed my dwelling then re-rented it what can i do?
Short answer
In Quebec, a tenant may ask the Tribunal administratif du logement (TAL, Quebec's rental board) for damages if the repossession or the eviction was not carried out in good faith, and the tribunal may also award punitive damages. The application must be made within three years of discovering the bad faith.
In detail
The law provides that a tenant may recover the damages resulting from a repossession, whether or not they consented to it, unless the landlord proves that the repossession was carried out in good faith. In other words, a tenant does not have to have refused the repossession in order to claim.
To obtain punitive damages, you have to show the landlord's bad faith: for example, the beneficiary never moved in, the dwelling was quickly re-rented at a higher rent, or the announced work never took place.
The time limit to apply to the Tribunal administratif du logement (TAL, Quebec's rental board) is three years from the moment the tenant discovers that the landlord acted in bad faith.
What to document
The original notice of repossession or of eviction, the date you left, then everything that shows what actually happened afterwards: rental listings for the dwelling, dated screenshots, photos, the names of the new occupants, the absence of any work. Also note the date you found out.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Éducaloi — Repossession of a dwelling
- TAL — Repossession of a dwelling
- TAL — Eviction for subdivision, substantial enlargement or change of use
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.