Cessation of cohabitation
In case of cessation of cohabitation, the following individuals have a right to maintain occupancy if they have notified the lessor within two months following cessation of cohabitation:1
- The married or civil union spouse;
- The next person who has been living with the lessee for at least six months;
- The de facto spouse;
- A relative (a relative is a person who is related to the lessee by blood);2
- A connected person (a person who is connected to the lessee by marriage or a civil union, in other words the in-laws.)3
Death of a lessee who lives alone
If no one is living with the lessee at the time of death, the liquidator or an heir may terminate the lease by giving the lessor two months’ notice within six months following the death.4
Death of a lessee cohabiting with a person
In case of death of the lessee, the lease is not necessarily terminated. A person living with the lessee at the time of death of the lessee has the same right as the lessee and becomes the lessee if he or she continues to occupy the dwelling. This person must give notice to this effect to the lessor within two months following the death. If such notice is not given, the liquidator of the succession may, upon the expiry of this period, terminate the lease by giving a one-month notice to that effect to the lessor.5
Sublessee
The sublessee of a dwelling is not entitled to maintain occupancy. Therefore the sublease terminates no later than the date at which the lease of the dwelling terminates.6
1 Art. 1938 C.C.Q.
2 Art. 1938 and 1957 of the Civil Code of Québec.
3 Art 1938 and 1957 of the Civil Code of Québec.
4 Art. 1939 (1) C.C.Q
5 Art. 1938 (2) C.C.Q.
6 Art. 1940 C.C.Q.
