Q: How does a Tenant EXPULSION work since January 1st, 2016?

A: The rules have changed! Since the reform of the Code of Civil Procedure, on January 1, 2016, several options are now available to owners and managers of residential buildings (the Creditor) during the EVICTION (see articles 692 and following of the Code of civil Procedure of Quebec) ...

The "Notice of Expulsion" deadline, now called the Execution Notice (or Avex), is 5 working days. After this period, the goods that are still on the premises are deemed "Abandoned" by the tenant, and offers 3 options to the bailiff:

1. The bailiff may sell the property for the benefit of the creditor;

2. The bailiff may give the property to a charity;

3. The bailiff can dispose of it at will ... which leaves room here for a multitude of possible scenarios;

With all these new possibilities, it is essential to have a close communication with your bailiff in order to establish the best possible strategy for your interest, which we excel at!
Q: Can we evict a tenant in the winter?

A: Absolutely! The only period in the year when the bailiff can’t proceed with an eviction following a decision of the Régie du Logement is between December 24 and January 2 as mentioned in Article 692 of the Code of Civil Procedure.

Q: Can a debtor on social assistance be seized?

A: Why not! Article 694 of the Code of Civil Procedure provides for a $ 7000 exemption of goods required for everyday life; so-called "luxury" goods are seizable (2nd TV, video game console, automobile, boat, bicycle, microwave, above-ground pool, DVD player, sound system, musical instrument, exercise machine, etc.)

Q: Can bailiffs keep for themselves the goods they seize?

A: Of course ... no! Assets seized from a debtor are sold under judicial control. An advertisement is also published at least 30 days in advance on the site www.registredesventes.justice.gouv.qc.ca/en. Go see, it's available for everyone!


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