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

Section 35 Disposition versions

1977-12-31

35. To exercise such right, the owner or usufructuary must give to the lessee a prior notice of at least ninety clear days before the expiry of the lease or, as the case may be, before the expiry of the delay provided for in the second paragraph of article 1646 of the Civil Code, if the term of the lease is one year or more. In the other cases, the notice shall be of thirty clear days.

Such notice must mention the date when the owner intends to resume possession of his house, the name of the person for whom he intends it and the degree of his relationship to such person.

If the lessee neglects or refuses to vacate the dwelling on the date specified in the notice, the administrator, on proof made to his satisfaction that the lessor will use the house in conformity with the provisions of section 34 and for one of the purposes therein mentioned, shall refuse the prolongation of the lease and thereupon the lessee shall be deemed to be occupying the house unlawfully.

The lessee who has received such notice shall, within thirty days of receiving it, in the case of a notice of ninety days or over, and within fifteen days of receiving it, in the case of a notice of thirty days or more but of less than ninety days, inform the owner of his intention to comply or not to comply with such notice, in default of which he shall be deemed to have agreed to vacate the house on the date mentioned in the notice and must do so. If the lessee informs the owner of his intention not to vacate the house on the date specified in the notice, the administrator may, on the application of either party and without awaiting the expiration of the delay given by the owner to the lessee to vacate the premises, hear the parties to determine if the owner meets the conditions required by section 34 for repossessing the rented house and he shall then adjudicate on the claims of the parties, in the same manner and with the same effect as if he had heard them, under this section, after the expiration of the date mentioned in the owner’s notice.

When an owner demands, in view of a future event, repossession of a rented house, the administrator may prolong the lease or extend its prolongation beyond the date specified for vacating in the owner’s notice, as the case may be, and until the occurrence of such event. Should the event not occur, the administrator may again prolong the lease or extend its prolongation as if the owner had not demanded repossession thereof; the case shall be the same when the person for whose use the owner demanded repossession dies before the date on which the lessee was bound to vacate the premises.

1950-51, c. 20, s. 24; 1952-53, c. 9, s. 3; 1974, c. 76, s. 8.