{"id":23447,"date":"2026-10-31T17:54:46","date_gmt":"2026-10-31T21:54:46","guid":{"rendered":"https:\/\/www.virtulexavocats.com\/?p=23447"},"modified":"2026-10-31T17:55:01","modified_gmt":"2026-10-31T21:55:01","slug":"building-sale-tenant-signature-waiver-right-to-maintain-occupancy-quebec","status":"publish","type":"post","link":"https:\/\/www.virtulexavocats.com\/en\/building-sale-tenant-signature-waiver-right-to-maintain-occupancy-quebec\/","title":{"rendered":"“Just a formality”: an 84-year-old tenant did not give up her lease by signing the new owner’s paper"},"content":{"rendered":"

The building has been sold. The former owner and a broker show up at the tenant’s door, a woman now 84 years old, with a document in English that the broker describes as a mere formality. She signs on the spot. A few months later, she is told she will have to leave to make room for the new owner’s daughter. The Administrative Housing Tribunal refuses to evict her. A decision that underscores the strength of the right to maintain occupancy.<\/em><\/p>\n

In Quebec, the sale of a building does not end the tenants’ leases: the new owner steps into the former owner’s shoes, with the same rights and the same obligations. To take back a dwelling, the owner must follow a specific procedure. Some buyers are tempted to get around these rules by having the tenant sign a document. The decision Nikolis c. Chartrand-Debban\u00e9<\/em> (2026 QCTAL 12131), rendered on April 15, 2026, by Administrative Judge Suzanne Gu\u00e9vremont of the Administrative Housing Tribunal (TAL) in Montr\u00e9al, shows the limits of that strategy.<\/p>\n

The facts: a document signed in a hurry<\/h2>\n

The tenant has lived in a dwelling in the Town of Mount Royal since December 2016. She is attached to her neighbourhood, where she has lived for more than thirty years. Her initial three-year lease was renewed for five years, then again as of December 1, 2024, at a rent of $2,075 per month. She says she entered into a long-term lease precisely so that she could stay there for a long time.<\/p>\n

In the fall of 2024, her former landlord, with whom she had always been on good terms, sold the building. On November 1, the landlord texted her that the building had been sold, that she had kept her word by finding a buyer who did not want to break the lease, and that she would give her a document confirming that she could stay in the dwelling and that her lease would not be cancelled, a document which, she wrote in English, was required by the notary. On November 5, the former landlord came to the tenant’s home with a real estate broker. According to the tenant’s testimony, the broker presented a document in English entitled “Notice to Tenant” as a mere formality and pressed her to sign; feeling rushed and stressed, she signed right away.<\/p>\n

The document states, among other things, that the buyer acknowledges the lease, understands that it will be automatically renewed on December 1, 2024, undertakes not to seek to end it and to let the tenant stay until the end of the renewal term, and will not repossess the dwelling before the end of that term. According to the decision, the new owner was not present at the meeting and did not sign the document.<\/p>\n

On January 29, 2025, the tenant says, the new owner’s mother came to her home to tell her she would have to leave on December 1, 2025, so that her daughter could move in. A long-time friend testified that the tenant called her that day in a panic. The new owner then applied to the TAL for her eviction, arguing that the document was an agreement to terminate the lease on November 30, 2025. The tenant, for her part, saw it only as an acknowledgment of her right to stay.<\/p>\n

A telling admission at the hearing<\/h2>\n

The owner did not testify; her mother represented her. On cross-examination, the mother admitted that her daughter is an undivided co-owner of the building, which, she said, prevented her from repossessing the dwelling, and that this was why the document was signed. She also admitted that it was the only “agreement” made with the tenant, and that her daughter’s promise to purchase was made at the same time.<\/p>\n

This admission touches on a little-known rule. In principle, the owner of a building held in undivided co-ownership, that is, owned by several people without being divided into separate units, cannot repossess a dwelling, unless there is only one other co-owner and that person is his or her spouse, subject to acquired rights for certain buildings acquired several decades ago (depending on the number of dwellings, before 1981 or around 1987-1988) (article 1958 of the Civil Code of Qu\u00e9bec (C.C.Q.)). The judge does not rule on this rule, but the admission sheds light on the context.<\/p>\n

Residential lease rules protect tenants, even from themselves<\/h2>\n

The judge first points out that it was up to the owner to prove that the tenant had waived her right to stay in the premises. Yet the document, which “is hardly a model of clarity,” nowhere contains an undertaking by the tenant to leave the dwelling. The tenant’s explanation, that she saw it as a mere acknowledgment of her right, “holds up” (our translation).<\/p>\n

The judge adds that the rules of the Civil Code of Qu\u00e9bec<\/em> on leases of dwellings are of public order, meaning they cannot be set aside by contract. Most of them are of “protective” public order: they exist to protect the tenant. This is the case for the right to maintain occupancy, the rules on renewal of the lease and those on repossession of a dwelling. The protected person may waive that protection, but not in advance. A waiver is only possible once the right has arisen, and only if it is voluntary, clear and made with full knowledge of the facts.<\/p>\n

Even if the document had been an agreement to end the lease, it would have been premature and based on false premises, including an invalid notice of repossession: such a notice must be given while the lease in question is in force and must meet the content requirements set out in the Code. Finally, given how quickly the meeting took place, the judge does not believe the tenant had all the information needed to give informed consent. Since her consent was vitiated, there was no meeting of the minds. Nor was it a transaction (a settlement agreement under Quebec civil law), since the owner had made no real concession. The application is dismissed, with costs.<\/p>\n

Why this decision stands out<\/h2>\n

It highlights a practice seen all too often when rental buildings are sold: having the tenant hastily sign a document presented as harmless. Here, the document, written in English, had been announced by the former landlord as required by the notary, then presented by the broker as a mere formality, during a quick meeting with an elderly woman; the judge concludes that she did not have all the information needed to give informed consent. The TAL refuses to treat it as a waiver of a tenant’s most fundamental right: the right to stay in her home.<\/p>\n

The decision is also a reminder that buying a building in order to house a relative must be planned around the rules on repossession of a dwelling. A buyer who holds the building in undivided co-ownership, other than with her spouse alone, generally cannot repossess a dwelling, and, in our view, no document signed by the tenant can get around that rule in advance.<\/p>\n

Finally, note that since 2024 the law gives greater protection to senior tenants: in principle, a landlord cannot repossess the dwelling of a tenant aged 65 or over who has lived there for at least ten years and whose income does not exceed a certain threshold, subject to exceptions. This protection was not discussed in the decision; based on the dates reported, the tenant had lived in the dwelling for less than ten years at the relevant time. If her lease continues until 2029, as she maintains, she could however one day meet the length-of-occupancy requirement, with the income requirement still to be verified. The case nonetheless shows that, even outside these situations, the general rules are often enough to protect the tenant.<\/p>\n

Key takeaways<\/h2>\n

Tenants: do not sign anything under pressure.<\/strong> If you are handed a document when your building is sold, ask for a copy, take the time to read it and have it checked, and translated if necessary, before signing. You are under no obligation to sign on the spot.<\/p>\n

The sale of the building does not end your lease.<\/strong> The new owner is bound by your lease. If the owner wants to repossess the dwelling, the procedure set out in the law must be followed, including sending you a written notice within the required time (generally at least six months before the end of a lease of more than six months), and you have one month to respond; your silence is deemed a refusal, and it is then up to the owner to apply to the TAL within the following month.<\/p>\n

You cannot waive your rights as a tenant in advance.<\/strong> A clause or document by which you waive in advance the renewal of your lease or agree to a future repossession is, in principle, without effect.<\/p>\n

Buyers: check before you buy.<\/strong> If you are buying a building to house a relative, check whether repossession will be possible (ownership structure, age and length of occupancy of the tenants, deadlines). A poorly designed document will never replace a proper repossession procedure.<\/p>\n

Further reading<\/h2>\n

See also our columns Ending your tenant’s lease: the landlord’s guide<\/a>, Rent increase: how to refuse it, negotiate it or contest it<\/a>, our column on “mandatory services” in seniors’ residences, where the Court of Qu\u00e9bec gives tenants back their choice<\/a> and Exploitation of an elderly person: recognizing it and acting in time<\/a>. The rules on repossession of a dwelling are also explained on the Administrative Housing Tribunal’s website<\/a>.<\/p>\n

\n

This column is published for general information purposes only and does not constitute legal advice. Because every situation is unique, you should consult a lawyer for advice tailored to your own case. Feel free to contact Virtulex avocats to discuss your situation.<\/em><\/p>\n

William Desrochers, Attorney, Virtulex avocats \u2014 www.virtulexavocats.com<\/a><\/p>\n

Reference: Nikolis c. Chartrand-Debban\u00e9<\/em>, 2026 QCTAL 12131, Administrative Housing Tribunal, Montr\u00e9al office, Administrative Judge Suzanne Gu\u00e9vremont, April 15, 2026 \u2014 read the decision on CanLII (in French)<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

When her building is sold, an 84-year-old tenant hastily signs a document in English described to her as a mere formality. A few months later, the new owner claims it was an agreement to end the lease. The Administrative Housing Tribunal dismisses the eviction application.<\/p>\n","protected":false},"author":3,"featured_media":22479,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"categories":[22],"tags":[],"class_list":["post-23447","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-real-estate"],"yoast_head":"\nBuilding sale: tenant did not waive her lease | Virtulex avocats<\/title>\n<meta name=\"description\" content=\"Building sale: an 84-year-old tenant signs a document described as a formality. 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