Chronicle for seniors
Can I be kicked out? Understanding the right to security of tenure
Published on June 18, 2025 by Jocelyne Raymond. Journal Les Versants du Mont-Bruno.
People living in a private seniors’ residence (PSR) regularly express their fear of losing their home to CAAP staff. This insecurity manifests itself mainly when a disagreement or irregularities in their lease
require them to assert themselves by exercising their rights.
Are you one of those people who dread having their lease terminated by the landlord at the slightest dissent concerning the interpretation of their lease, or worse, when they dare to assert a right? If so, you may find the following information reassuring.
Among the principles most often cited in the jurisprudence of the Tribunal administratif du logement (TAL) is one of the most important: the right to maintain tenancy. It is not without reason that TAL administrative judges refer to this principle as the “cornerstone”, the “cornerstone”, the “basic philosophy” of housing law in the residential sector.
The Civil Code of Quebec stipulates that “every tenant has a personal right to maintain occupancy of the premises, and may be evicted from the rented dwelling only in the cases provided for by law”[1] Consequently, the operator of an PSR cannot evict you from your dwelling under any pretext, or simply because your lease has expired and you’re not particularly sympathetic.
AND IT’S IN THE NAME OF THE RIGHT TO REMAIN IN YOUR HOME THAT YOU’RE PROTECTED!
The right to occupancy is the foundation on which a large number of provisions of the Civil Code are based, for example:
Automatic renewal of the lease if the landlord fails to send you a notice of lease amendment within the required period and you wish to remain in your dwelling; The right to keep the dwelling you lived in with a spouse from whom you have separated or who has died, even if you are not a signatory to the lease, under certain conditions; The obligation of the new owner of a building where you live to respect the lease signed with the previous owner, without you having to complete the slightest formality, which enables you to keep your home; The sending of notices several months in advance by the owner in the rare cases provided for by law where he can evict you, as well as the payment of moving allowances, among other things.
So, has a better understanding of the overriding principle of tenant retention brought you comfort? If so, please let us know!
[1] Article 1936 CCQ
Among the principles most often cited in the jurisprudence of the Tribunal administratif du logement (TAL) is one of the most important: the right to maintain tenancy.
