Residential rental law: Legislative amendments

Note that the wording of questions D2.6g) of the DS form and D2.9g) of the DSD form will be amended, but this may take some time.

The Act to limit lessors' right of eviction and to enhance the protection of senior lessees (PDF) (bill 65) came into force on June 6, 2024 and bans, for a three-year period, the lessor of a dwelling from evicting a lessee to subdivide the dwelling, substantially expand it or change its use. However, the government may exempt part of Québec’s territory from the application of this ban at a later date.

The protection against evictions and repossessions conferred by section 1959.1 of the Civil Code of Québec has now been extended to include people aged 65 and over whose income does not exceed 125% of the income required to qualify for low-rental housing.

IMPORTANT: Obligations of real estate brokers regarding the seller's declarations

When completing the forms Declarations by the seller of the immovable – Chiefly residential immovable containing less than 5 dwellings excluding divided co-ownership (DS) (question D2.6g) or Declarations by the seller of the immovable – Divided co-ownership (DSD) (question D2.9g), brokers must explain to their selling clients that, since June 6, 2024, eviction and repossession restrictions have been applied to lessees (or their spouses) aged 65 years and over (formerly 70 and over).

In section D15, the following explanation must be provided for clauses D2.6g) (DS) or D2.9g) (DSD):

Under the amendment to section 1959.1 of the Civil Code of Québec, in force since June 6, 2024, the age of the lessee or the lessee's spouse has been reduced from 70 to 65 years.

Real estate brokers can save this sentence in their “Personal clauses” kit in InstanetFormsTM so that they can use it systematically.

Declarations already completed

If the seller has completed and signed the Declarations by the seller form after June 6, 2024, the broker must attach the Amendments (AM) form by completing section M5 as follows:

Clause amended: D2.6 g) for DS or D2.9g) for DSD.

Is there any tenant or a spouse of a tenant aged 65 or over AND who has been living in his dwelling for 10 years and more?

Answer “yes” or “no”