Selling a Rented Condo in Quebec: Tenant Rights

Selling a condo that is already rented in a divided co-ownership raises practical and legal questions. The lease does not “disappear” when the property is sold, and the tenant retains specific rights. As a co-owner, you must also provide co-ownership documents (declaration of co-ownership, minutes of meetings and syndicate certificate) and follow the access rules for viewings. This article summarizes the tenant’s rights and the steps to follow for a smooth transaction.

Key takeaway: generally speaking, the buyer becomes the new landlord and is bound by the current lease (Civil Code of Quebec, notably section 1886). An owner-occupant buyer can take possession only under the conditions set out in the Civil Code.

Tenant rights when the condo is sold

The sale of a rental immovable does not cancel the residential lease. In practice, the buyer becomes the new landlord and must comply with all the lease terms until it expires (for example, rent, included services and parking). The tenant therefore retains the right to peaceful enjoyment of the premises during and after the transaction.

Here are the key rights to keep in mind:

• Continuity of the lease: the buyer is bound by the existing lease and cannot unilaterally change it during its term (general reference: Civil Code of Quebec, sections 1886 and following).
• Regulated viewings: you may show the dwelling to buyers between 9 a.m. and 9 p.m., with at least 24 hours’ notice, while avoiding abuse (Civil Code of Quebec, sections 1931–1932). The tenant cannot refuse without a valid reason, but is entitled to privacy.
• Buyer occupancy: an owner-occupant buyer must respect the end of the current lease, unless there is a valid repossession of a dwelling that was properly notified within the time limits set out in the Civil Code (see below).
• Deposit and rent: rent paid in advance for the current period is transferred to the buyer on the date of the deed. The tenant must be notified in writing of the new landlord’s name and address after the sale.
• No right of first refusal: except in specific cases (for example, the conversion of a rental immovable), the tenant does not automatically have a right of first refusal on the sale of your co-ownership share.

For additional legal context, consult the Civil Code of Quebec on LégisQuébec (residential leases, access and repossession).

Steps for selling a rented condo without missteps

Selling a rented condo requires careful coordination between the lease, the marketing process and the requirements specific to divided co-ownership.

1) Review your lease and declaration of co-ownership

• Check the expiry date, renewals, inclusions (parking and storage) and the rules governing access for viewings.
• Read the declaration of co-ownership and the by-laws of the immovable: they specify the obligations of the co-owner-seller (for example, notice to the syndicate, moving rules and restrictions on short-term rentals).
• Align your strategy: are you targeting an investor (who will take over the lease) or an owner-occupant buyer (who will have to wait until the lease ends or begin a compliant repossession process)?

2) Inform the tenant early and in writing

• Explain the sale plan, describe how viewings will work and suggest reasonable time slots.
• Agree on a procedure for providing 24 hours’ notice (email or text message) and managing the keys.
• Obtain the tenant’s consent for photos or videos during the marketing process, while avoiding exposure of personal belongings.

3) Gather the co-ownership documents

Buyers and the notary will generally request:

• the declaration of co-ownership and the by-laws of the immovable;
• minutes of the most recent meetings (annual general meetings and special meetings), along with notices of meeting;
• the current budget, financial statements, information about the contingency fund and the maintenance logbook/EUC;
• a syndicate certificate (the status of common expenses/condo fees, special assessments and current violations);
• the building’s insurance certificate and proof of the syndicate’s liability insurance.

You can entrust the collection and transmission of these documents to a structured administrative management service. See our administrative management and financial management services.

4) Adjust the marketing and promise to purchase

• Clearly state that the unit is rented, the rent amount and the lease expiry date.
• For an owner-occupant buyer, specify that occupancy is scheduled “upon expiry of the lease” or is conditional on a valid repossession.
• If you are working with a broker, OACIQ forms include clauses for rented immovables; discuss the required disclosures and deadlines.

5) Consider a voluntary agreement with the tenant (optional)

6) Closing before the notary and notice to the tenant

• At the deed of sale, rent received is adjusted on a prorated basis and the lease is delivered to the buyer.
• After the sale, provide the tenant with the new landlord’s contact information and the effective date of the change. The buyer must also comply with the co-ownership rules (registration in the register and contact information for the syndicate).

A good practice: keep a clear file, including a chronology of notices, to demonstrate your diligence if a dispute arises.

Repossession of a dwelling by the buyer: deadlines and criteria

“Repossession of a dwelling” allows a landlord (or a buyer who becomes the landlord) to occupy the dwelling personally, or to house an ascendant, descendant or close relative there, under the conditions set out in the Civil Code (for example, section 1957 of the Civil Code of Quebec).

• When: upon expiry of the lease, never during the lease term, unless there is a voluntary agreement.
• Notice periods: except for certain exceptions, notice of repossession must reach the tenant several months before the end of the lease. As an indication, the Civil Code provides, among other things, for six months’ notice when the lease is for 12 months or more or for an indeterminate term, and one month’s notice when the lease is for less than 12 months (see section 1961 of the Civil Code of Quebec).
• Content of the notice: the identity of the person who will occupy the dwelling, the family relationship, the planned occupancy date and the tenant’s rights.
• Compensation and contestation: the tenant may be entitled to certain compensation (for example, moving expenses) and may contest the repossession before the competent authority if the conditions are not met.

Important in divided co-ownership: check the declaration of co-ownership and the by-laws to confirm that no internal rule creates an obstacle (for example, notice periods for the syndicate and internal forms for moves).

Viewings, marketing and respect for privacy

The law regulates viewings by potential buyers to balance marketing needs with the tenant’s peace and quiet.

Good practices that comply with the Civil Code of Quebec (sections 1931–1932):

• Give at least 24 hours’ written notice for viewings between 9 a.m. and 9 p.m.
• Offer grouped time slots (for example, two evenings per week) to limit disruptions.
• Avoid viewings that are too frequent or excessively long; courtesy remains the rule.
• Ask for consent to take photos or videos and blur sensitive personal items.
• If the tenant refuses without a valid reason, politely remind them of the rules and, if necessary, send a formal notice. Keep proof of the notices.

In divided co-ownership, also remember to:

• Follow the rules governing the use of the common portions during viewings (visitor parking and elevators).
• Coordinate with the board of directors or condominium manager if a high volume of viewings is expected.

Documents and obligations in divided co-ownership

A sale in divided co-ownership involves additional checks specific to the syndicate.

• Syndicate certificate: it confirms the status of common expenses (condo fees) and special assessments, as well as any outstanding defaults. Arrears may be secured by a legal hypothec of the syndicate on your co-ownership share (Civil Code of Quebec, section 1069). The notary will require it before the deed is signed.
• Buyer’s due diligence: the buyer will want to review the declaration of co-ownership, the by-laws, the latest budget, financial statements, minutes of annual general meetings, information about the contingency fund and the maintenance logbook/EUC. Prepare these documents in advance to avoid delays.
• Moving rules: the syndicate may require time slots, elevator protection and security deposits (refundable) for moves. Plan the occupancy dates accordingly.

To streamline your transaction, centralize the documentation and communications with the syndicate. If you would like to delegate this work, see how our operations management services and our blog can guide you.

Useful sources and references:

• Civil Code of Quebec (residential leases, access and repossession): LégisQuébec
• Transaction advice and forms (promise to purchase and rented immovable): OACIQ – Consumer Space
• Sale of a condo in co-ownership: best practices and documentation: RGCQ – Resources
• Taxes (GST/QST) and residential immovables: Revenu Québec – Immovables and Housing

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

This article provides general information and does not replace advice from a tax specialist or accountant. Refer to Revenu Québec and the CRA for the exact rules.

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