Residential rental law: legislative changes
- Steven A. J. Buck
- Dec 10, 2024
- 2 min read
Note that the modification of the wording of questions D2.6g) of the DV and D2.9g) of the DVD will be carried out, but this may take some time.
The Act to limit the right of landlords to evict and to strengthen the protection of senior tenants (PDF) (Bill 65) came into force on June 6, 2024, and prohibits, for a period of three years, the landlord of a dwelling from evicting a tenant in order to subdivide the dwelling, substantially enlarge it or change its use. However, the government could subsequently exempt part of Quebec from the application of this prohibition.
The protection against evictions and repossessions of housing conferred by article 1959.1 of the Civil Code of Québec is now extended to benefit persons aged 65 and over whose income does not exceed 125% of the income required to be eligible for low-rent housing.
IMPORTANT: Obligations of real estate brokers regarding seller declarations
When completing the Seller's Declarations on the Property – Mainly Residential Building with Fewer Than 5 Dwellings Excluding Divided Co-Ownership (DV) (question D2.6g) or Seller's Declarations on the Property – Divided Co-Ownership (DVD) (question D2.9g) forms, the broker must explain to his/her seller client that, since June 6, 2024, the restrictions on eviction and repossession of housing apply to tenants (or their spouse) aged 65 and over (formerly 70 and over).
In section D15, the following explanation should be provided for clauses D2.6(g) (DV) or D2.9(g) (DVD):
Following the amendment of article 1959.1 of the Civil Code of Quebec in force since June 6, 2024, the age of the tenant or their spouse has been reduced from 70 to 65.
The real estate broker can save this sentence in his “Personal Clauses” kit in InstanetFormsMC to be able to use it systematically.
Declarations already completed
If the seller completed and signed the Seller Declarations form after June 6, 2024, the broker must attach the Modifications (MO) form by completing section M5 as follows:
Amended clause: D2.6 g) for DV or D2.9 g) for DVD.
Is there a tenant or spouse of a tenant aged 65 or over AND who has lived in their accommodation for 10 years or more?
Answer “yes” or “no”
Last updated: June 11, 2024
Item number: 266331
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