Repossessing a Dwelling at the age of 70

In June 2016, the passing of Bill 492 amended the conditions for repossessing dwellings or evicting tenants under the Civil Code in order to protect seniors’ rights.

Amendments to Bill 492

The new legislative provisions provide a more restrictive framework for the conditions under which a landlord can force an elderly tenant to leave in order to subdivide, substantially enlarge or change the use of a dwelling, or to repossess the dwelling so that he/she or a relative may reside in that dwelling.

Required Criteria
The landlord cannot repossess a dwelling or evict a tenant when he/she or his/her spouse, at the time of repossession or eviction, meets the following three criteria:
1. Is 70 years of age or older.
2. Has resided in the dwelling for at least 10 years.
3. His or her income is equal to or less than the maximum income to qualify for low-income housing.

The General Guidelines for Repossession of a Dwelling

The owner may repossess a dwelling in order to house him/herself or one of the following people:

• father, mother, children
• any other parent or relative for whom he/she is the primary material or moral support
• a former spouse for whom he/she remains the primary material or moral support, after their legal separation, divorce or the end of their civil union
• a designated caregiver that assists him/her in meeting basic needs in order to remain in the home

Exceptions
The landlord can also repossess the dwelling in one or more of the following situations:

• he or she is 70 years of age or older and wishes to return to the dwelling to live there
• the beneficiary of the repossession is 70 years of age or older
• he or she is an owner occupying the dwelling and wishes to house, in the same building as he/she, a beneficiary under the age of 70 years.