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CCQ-1991 - Civil Code of Québec

Section 1938
Disposition versions

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1938. The married or civil union spouse of a lessee, or a person who has been living with the lessee for at least six months, being the de facto spouse of the lessee, a relative or a person connected to the lessee by marriage or a civil union, is entitled to maintain occupancy and becomes the lessee if he or she continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation.
A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor. In all cases, if part of the rent covers services of a personal nature provided to the lessee, the person living with the lessee at the time of the lessee’s death, the liquidator of the succession or the heir is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.
1991, c. 64, a. 1938; 2002, c. 6, s. 52; 2011, c. 29, s. 4; I.N. 2014-05-01; 2016, c. 4, s. 220.
1938. The married or civil union spouse of a lessee, or a person who has been living with the lessee for at least six months, being the de facto spouse or blood relative of the lessee or a person connected to the lessee by marriage or a civil union, is entitled to maintain occupancy and becomes the lessee if he or she continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation.
A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor. In all cases, if part of the rent covers services of a personal nature provided to the lessee, the person living with the lessee at the time of the lessee’s death, the liquidator of the succession or the heir is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.
1991, c. 64, a. 1938; 2002, c. 6, s. 52; 2011, c. 29, s. 4; I.N. 2014-05-01.
1938. The married or civil union spouse of a lessee, or a person who has been living with the lessee for at least six months, being the de facto spouse or blood relative of the lessee or a person connected to the lessee by marriage or a civil union, is entitled to maintain occupancy if he or she continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation. He or she becomes the lessee from that moment.
A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor. In all cases, if part of the rent covers services of a personal nature provided to the lessee, the person living with the lessee at the time of the lessee’s death, the liquidator of the succession or the heir is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.
1991, c. 64, a. 1938; 2002, c. 6, s. 52; 2011, c. 29, s. 4.
1938. The married or civil union spouse of a lessee, or a person who has been living with the lessee for at least six months, being the de facto spouse or blood relative of the lessee or a person connected to the lessee by marriage or a civil union, is entitled to maintain occupancy if he or she continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation. He or she becomes the lessee from that moment.
A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor.
1991, c. 64, a. 1938; 2002, c. 6, s. 52.
1938. The spouse of a lessee or a person who has been living with a lessee for at least six months, being the concubinary or blood relative of the lessee or a person connected to him by marriage, is entitled to maintain occupancy if he continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation. He becomes the lessee from that moment.
A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself of this right, the liquidator of the succession or, failing him, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor.
1991, c. 64, a. 1938.
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