Yes, you can sell a house, condo or plex with a tenant in Quebec, and the lease does not end because the property is sold. The buyer takes over the lease and the landlord’s rights and obligations (Civil Code of Québec, art. 1937).
Updated for 2026
Official sources
Under article 1937, the sale does not allow the new owner to resiliate the lease: it continues and can be renewed like any other lease. The tenant must allow visits by prospective buyers after 24 hours’ notice, and a buyer who wants to live in the unit must use the repossession process, with fixed deadlines and exceptions, rather than simply asking the tenant to leave.
This guide explains what changes, and what does not, when you sell a tenant-occupied property in Montreal or the West Island. Every legal rule below is linked to the Civil Code text on LégisQuébec or to the Tribunal administratif du logement (TAL). It is general information, not legal advice. For a disputed lease or a repossession, consult the TAL or a lawyer.
Does a lease end when the property is sold in Quebec?
No. Under article 1937, the “voluntary or forced alienation” of a building with a dwelling does not permit the new lessor to resiliate the lease; the lease “is continued and may be renewed in the same manner as any other lease,” and the new lessor has the same rights and obligations toward the tenant (CCQ art. 1937). Article 1936 adds that every tenant has a personal right to maintain occupancy and may not be evicted except in the cases provided by law (CCQ art. 1936). The general lease rules say the same: selling leased property “does not terminate the lease by operation of law” (CCQ art. 1886).
A common myth comes from article 1887, which lets a buyer end some leases after a sale with notice. That rule does not help the buyer of a dwelling: article 1937, in the section on residential leases, says the new owner may not resiliate the lease (CCQ arts. 1887 and 1937).
In practice, that means the tenant keeps the same rent, term and conditions. As a seller, you cannot promise a buyer “vacant possession” of an occupied unit unless the tenant has actually agreed to leave, for example through a written agreement to end the lease, or the lease has ended under the rules. Your promise to purchase and your notary’s deed should describe the leases accurately so the buyer knows exactly what they are taking over.
Do tenants have to allow showings?
Yes, within limits set by the Civil Code:
- 24 hours’ notice. Except in an emergency, the landlord must give the tenant 24 hours’ prior notice of the intention to have the dwelling visited by a prospective buyer (CCQ art. 1931).
- Between 9 a.m. and 9 p.m. The tenant may refuse a visit by a prospective buyer before 9 a.m. or after 9 p.m. (CCQ art. 1932).
- Landlord present. The tenant may also refuse any visit if the landlord is unable to be present (CCQ art. 1932). If a broker runs your showings, agree in advance with the tenant how visits will work, or plan to attend.
- Locks. No lock may be installed or changed without the consent of both landlord and tenant (CCQ art. 1934), so lockboxes and key arrangements need the tenant’s agreement.
Beyond the legal minimum, sales go better when you:
- Tell the tenant early and in writing that the property will be listed, and explain that the lease continues.
- Group showings into set time windows rather than daily visits.
- Respect the tenant’s privacy: no photos of personal belongings without consent.
- Consider a goodwill gesture, such as a rent credit, for the inconvenience. Cooperative tenants make for better showings and fewer surprises.
Can the buyer move in after the sale?
Only through a repossession (reprise de logement). The owner of a dwelling may repossess it as a residence for themselves, for their parents or children, or for another relative or in-law of whom they are the main support, or for a former spouse they still mainly support (CCQ art. 1957). An owner of an undivided share of a building cannot repossess any dwelling in it unless the only other co-owner is their spouse (CCQ art. 1958), which matters when buyers purchase a plex together.
The repossession deadlines
| Lease | Owner sends written notice | Tenant replies | If the tenant refuses or does not reply |
|---|---|---|---|
| Fixed term of more than 6 months (most July 1 leases) | At least 6 months before the end of the lease | Within 1 month of receiving the notice | Owner must apply to the TAL within 1 month |
| Fixed term of 6 months or less | 1 month before the end of the lease | Within 1 month | Owner must apply to the TAL within 1 month |
| Indeterminate term | 6 months before the repossession date | Within 1 month | Owner must apply to the TAL within 1 month |
Sources: CCQ arts. 1960, 1962 and 1963; TAL, Repossessing a dwelling.
Two points surprise many buyers. First, since 2024 a tenant who does not answer the notice within one month is deemed to have refused to vacate (CCQ art. 1962). Second, if the tenant refuses, the owner can repossess only with the Tribunal’s authorization and must show that they truly intend to repossess for the stated purpose and that it is not a pretext (CCQ art. 1963). If the owner does not apply, the tenant keeps the right to stay (TAL).
The notice must give the repossession date, the name of the person who will live there and their relationship to the owner, and must reproduce article 1959.1 (CCQ art. 1961). Because a July 1 lease requires notice by December 31, a buyer who needs a unit next summer has to own the building, or have a clear plan with the seller, well before year-end.
When a dwelling cannot be repossessed
An owner may not repossess a dwelling if the tenant or the tenant’s spouse is 65 or older, has lived in the dwelling for at least 10 years, and has an income at or below 125% of the maximum that qualifies for low-rental housing, subject to narrow exceptions, for example when the owner is also 65 or older and wants to live there (CCQ art. 1959.1). The owner also cannot repossess, without the tenant’s consent, if they own another vacant or for-rent dwelling of the same type, in the same neighbourhood and at an equivalent rent (CCQ art. 1964).
Compensation and bad faith
When the Tribunal authorizes a repossession, it may impose conditions it considers just, including payment of the tenant’s moving expenses (CCQ art. 1967). A tenant can claim damages after a repossession unless the owner proves good faith, and can seek punitive damages if the repossession was in bad faith (CCQ art. 1968). An eviction to subdivide, substantially enlarge or change the use of a dwelling (art. 1959) is a different process: the owner must pay reasonable moving expenses plus one month’s rent per year of occupancy, between 3 and 24 months’ rent (CCQ art. 1965).
Who are the best buyers for a tenant-occupied property?
It depends on the property:
| Property | Typical buyer | What they look at |
|---|---|---|
| Single-family house with a tenant | Buyers who can wait for a lease end, or rental owners | Lease end date, rent, tenant cooperation, repossession timing |
| Condo with a tenant | Rental owners, or buyers planning to move in later | Rent versus condo fees and taxes, the declaration of co-ownership’s rules on rentals |
| Duplex or triplex | Owner-occupants and rental owners | Rents, lease terms, which unit can realistically be repossessed |
Plexes are the most common case. In September 2026, the median price of a 2-to-5-unit plex in the Montreal census metropolitan area was $861,000, up about 2.5% from a year earlier, with plexes averaging 56 days on the market, according to the Quebec Professional Association of Real Estate Brokers (QPAREB, Centris data).
What documents should I prepare?
- Every current lease and any written renewal or rent-increase notice.
- A rent roll: unit, tenant, rent, lease end date, what is included (heating, appliances, parking).
- Records of any TAL decisions or ongoing files.
- Confirmation that you hold no deposit. In Quebec, a landlord may not require any amount other than rent, “in the form of a deposit or otherwise,” and may not require more than one month’s rent in advance (CCQ art. 1904).
- The usual seller file: certificate of location, tax bills, invoices for work. See do I need a new certificate of location to sell?
How does a tenant affect the price?
A tenant at a below-market rent with a long history can lower what an owner-occupant will pay, because repossession takes at least six months of notice, can be refused, and may be blocked entirely by article 1959.1. The same tenant can be neutral or positive for a buyer who wants rental income. Pricing therefore starts with who the likely buyer is. Read how much is my house worth in Montreal? or request a home valuation that takes the lease into account.
Should I wait until the tenant leaves before selling?
Sometimes. If the tenant has already given notice, a vacant property is easier to show and appeals to more owner-occupants. But a vacant property costs you the rent, plus taxes, heating and insurance every month. If the lease runs another year, selling with the tenant in place to the right buyer is often the better outcome.
Do not pressure a tenant to leave. A tenant who agrees to go can sign a written agreement to end the lease, ideally with any payment and the move-out date spelled out. Using a sale as a pretext for a repossession the new owner does not intend to carry out exposes that owner to damages and punitive damages (CCQ art. 1968).
Frequently asked questions
Yes. The lease continues and the buyer becomes the landlord under the same terms (CCQ art. 1937).
No. You must give 24 hours’ notice before visits, and the tenant may refuse visits before 9 a.m., after 9 p.m., or when the landlord cannot be present (CCQ arts. 1931–1932).
Not because of the sale. The new owner can only use the repossession process: written notice at least six months before the end of a lease longer than six months, and TAL authorization if the tenant refuses or does not reply (TAL).
Silence counts as a refusal. The owner then has one month to apply to the TAL (CCQ arts. 1962–1963).
The Civil Code’s lease rules do not give a tenant of a house or plex a general right to buy first. Check the lease for any specific clause, and ask a notary if unsure.
Selling a rented home, condo or plex in Greater Montreal? Contact our team to plan showings and pricing around the lease.
About the author: Logan Boyce, real estate broker, licence E9010, eXp Agence Immobilière. Logan is team leader of Montreal’s Elite Real Estate Group. His team coordinates property sales with liquidators, families, notaries, inspectors, lenders, insurers and other specialists while keeping professional roles clearly defined.