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Existing lease when purchasing a rental

Français : Bail existant lors d'un achat locatif

Buying a tenant-occupied building means taking over their current leases. In Quebec, the Tribunal administratif du logement (TAL) strongly protects tenants — the buyer generally cannot evict them.

Definition

In Quebec, residential leases are among the most protected in the world. Buying a tenant-occupied rental property implies:

**Automatic lease transfer**: the residential lease follows the property — the buyer automatically becomes the new landlord with all obligations of the existing lease.

**Tenant rights at purchase**: - The tenant must receive at least 3 months notice before lease end date if the new owner wants to repossess their unit to live in it - The tenant can contest the repossession before the TAL - In case of abusive repossession, the owner can be ordered to pay significant damages

**Eviction for subdivision, expansion, or change of use**: - Requires TAL authorization - Mandatory tenant compensation

**Impact on financing**: - Current rents must be documented (leases, payment history) - Below-market rents reduce the value appraised by lenders - Quebec rent control law (TAL) limits annual increases

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.