C-50 - Act to promote conciliation between lessees and property-owners

Section 34 Disposition versions

1977-12-31

34. The owner or usufructuary of a dwelling may, at the expiry of the lease or, as the case may be, at the expiry of the delay provided for in the second paragraph of article 1646 of the Civil Code, recover possession thereof to dwell therein himself or to lodge therein his mother, grandmother, father, grandfather, son, grandson, daughter, grand-daughter, daughter-in-law, son-in-law, father-in-law, mother-in-law, stepson or stepdaughter or to lodge therein any other relative whose main support he is.

Nevertheless, such recovery of possession can only be granted if the owner or usufructuary shows clearly that he is in good faith, that he really intends to use said house for one of the purposes specifically mentioned in this section and that it is not a case of a pretext or design to attain other purposes.

If the owner, or the relation for whose use he applies for the possession of the house, under this section, already occupies another house belonging to the owner, the administrator may, according to circumstances, refuse the application or impose as a condition that the owner grant to the lessee the use of the house that he or the relation in question has been occupying, for the rent and for the term which the administrator determines. This provision applies also to the usufructuary.

The evicted lessee has, and has always had since 30 April 1951, a recourse before the courts of competent jurisdiction, to recover the damages caused to him by a recovery of possession obtained in bad faith, for a purpose other than those contemplated in this section. However, a lessee of a room may not exercise such recourse by reason of an eviction occurring before 22 December 1977.

1950-51, c. 20, s. 23; 1951-52, c. 17, s. 8; 1952-53, c. 9, s. 2; 1962, c. 56, s. 5; 1974, c. 76, s. 7; 1975, c. 84, s. 11; 1977, c. 76, s. 6.