Lease Termination for a Condo Tenant: Syndicate Remedies

A tenant who repeatedly causes nuisances can quickly undermine the quality of life of co-owners in a divided co-ownership building. Between repeated noise, smoke, unsanitary conditions or failure to comply with the by-laws of the immovable, the syndicate and the board of directors (board) must act methodically and support their actions with evidence. This article presents, for Quebec, the steps and remedies that may lead, where necessary, to the termination of the lease and eviction of the offending tenant. We examine “Quebec condo tenant lease termination: syndicate remedies” from a practical perspective: notices, formal demands, evidence and applications to the appropriate authorities.

When and why the syndicate can intervene

The syndicate’s mandate is to preserve the normal enjoyment of the common portions and ensure compliance with the declaration of co-ownership (DCV) and the by-laws of the immovable. The declaration of co-ownership and the by-laws of the immovable bind not only co-owners, but also tenants and other occupants. The Civil Code of Quebec provides that these rules are enforceable against occupants (see sections 1069 and 1077 C.C.Q.) and that the tenant must respect the peaceful enjoyment of the premises (see section 1863 C.C.Q.).

In practical terms, the syndicate can intervene when:

• The nuisances are serious (excessive nighttime noise, unsanitary conditions creating a risk, smoke spreading into neighbouring private portions, etc.).
• The breaches continue despite warnings.
• The by-laws of the immovable or the declaration of co-ownership contain clear and reasonable obligations (e.g., a prohibition on smoking in the common portions, noise rules and waste-sorting requirements).

In these situations, the syndicate can demand that the disturbances cease, seek enforcement of the penalties provided for in the by-laws, and, if the situation continues, bring proceedings before the Administrative Housing Tribunal (TAL) or, where necessary, the Superior Court to obtain urgent injunctions.

Useful references:

• LégisQuébec – Civil Code of Quebec: enforceability of the declaration and by-laws against occupants (see sections 1069 and 1077)
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• LégisQuébec – Civil Code of Quebec: tenant breaches and interference with peaceful enjoyment (see section 1863)
  https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

Range of remedies: from notice to lease termination

Lease termination is a “last resort” reserved for serious, well-documented situations. Before reaching that point, follow a gradual process consistent with good practices recognized by organizations specializing in co-ownership.

1. Communication and notice of non-compliance
   • Make initial contact with the tenant courteously and copy the co-owner-landlord.
   • Remind them of the relevant clauses in the declaration of co-ownership and the by-laws of the immovable.
   • Allow a reasonable time to correct the situation, depending on the seriousness of the breach.
2. Penalties and formal demand
   • Apply the penalties provided for in the by-laws (if authorized and reasonable).
   • Send a formal demand to the tenant and the co-owner-landlord requiring the disturbances to cease and immediate compliance. State that, if the situation is not corrected, proceedings will be filed. The formal demand should cite the facts, dates and relevant clauses.
3. Proceedings before the authorities
   • TAL: Apply for an order requiring the disturbances to cease, termination of the lease and eviction of the offending tenant, based on evidence of seriousness and repetition. The syndicate may file an application when it has a sufficient interest and the breaches affect the co-owner community.
   • Superior Court: Seek an injunction (for example, to immediately stop an illegal or dangerous activity) if the urgency or nature of the disturbance requires it.
4. Enforcement and follow-up
   • If an order is issued (cessation, termination or eviction), ensure that it is enforced and record every step in the file (board minutes, communications, bailiff, etc.).
   • Communicate promptly with the affected co-owners by means of a general notice, without disclosing unnecessary personal information.

For additional practical guidance, see the RGCQ resources on good co-ownership practices:
https://rgcq.org/

Conditions for termination before the TAL

The TAL assesses the evidence. To obtain termination, you will have to demonstrate that:

• The breaches are serious and interfere with the normal enjoyment of the other occupants or the common portions.
• The breaches have been repeated or continue despite notices and formal demands.
• The by-laws of the immovable and/or the declaration of co-ownership clearly prohibit the conduct in question, or the conduct violates the tenant’s legal obligations.

Written warnings, consistent testimony, findings (e.g., persistent smoke odours and nighttime gatherings), police or municipal interventions, as well as dated videos and photos, can help convince the tribunal. However, avoid collecting evidence that infringes on privacy or was obtained unlawfully.

Alternatives to termination

Depending on the circumstances, the TAL may prefer to:

• Order the nuisances to cease and prohibit certain conduct.
• Impose conditions on continuing the lease (e.g., a strict prohibition on smoking and compliance with a noise curfew).
• Order the tenant or, as applicable, the co-owner-landlord to pay damages for the harm caused.

Roles of the co-owner-landlord, the board and the condominium manager

Co-owner-landlord: The co-owner-landlord must ensure that the tenant complies with the declaration of co-ownership and the by-laws of the immovable. They are primarily responsible for intervening quickly and effectively. In the event of a breach, they must cooperate with the syndicate and implement the required corrective measures, including initiating proceedings themselves before the TAL when necessary.

Board of directors (board): The board coordinates the syndicate’s response, authorizes formal demands and proceedings, and ensures procedural compliance. The board must also ensure that the penalties provided for in the by-laws are reasonable and applied fairly.

Condominium manager: The condominium manager supports the board, centralizes complaints, prepares the evidence files, organizes official communications and maintains the action schedule. To manage these aspects, see our administrative management services: multiRent – Services (administrative management).

The RGCQ offers useful guides on governance and enforcement of co-ownership by-laws:
rgcq.org

Building a strong evidence file

A well-prepared file significantly increases your chances of obtaining a firm order or lease termination.

Record the following systematically:

• A chronological incident log (dates, times, factual description, affected units, and photos or videos taken where appropriate).
• Signed written statements from affected co-owners and any employee or contractor who witnessed the incident.
• Security reports, bailiff’s reports, police interventions and municipal notices.
• Relevant excerpts from the declaration of co-ownership and the by-laws of the immovable, including clauses concerning noise, smoke, maintenance of private portions, cleanliness, etc.
• Copies of all notices, emails and formal demands sent to the tenant and the co-owner-landlord.
• Board resolutions and excerpts from the minutes authorizing the steps and, where applicable, retaining a lawyer or bailiff.

Additional good practices:

• Remain factual and avoid value judgments in written communications.
• Describe the concrete effects on enjoyment (nighttime awakenings, odours entering the premises, sanitary conditions and restricted use of the common portions).
• Protect personal information; retain only what is necessary for the evidence.

General legal references:

• LégisQuébec – Civil Code of Quebec (declaration and co-ownership by-laws: see sections 1069 and 1077):
  LégisQuébec – CCQ
• LégisQuébec – Civil Code of Quebec (tenant obligations and peaceful enjoyment: see section 1863):
  LégisQuébec – CCQ

Time frames, sample letters and practical advice

Time frames: Time frames before the TAL or Superior Court vary by region and workload; plan accordingly (as of 2026-06-11). In an emergency (safety or illegal activity), immediately discuss the option of seeking an injunction.

Sample letters: Your notices and formal demands should include: identification of the parties, the address and unit number, a list of the breaches, dates and times, the relevant clauses of the declaration of co-ownership and the by-laws, the deadline for correcting the situation, and notice of the proposed proceedings if the breach continues.

Internal communication: Inform the co-owner-landlord at every step. Keep copies in a shared file accessible to the board. Record decisions in the board meeting minutes or, where necessary, obtain a resolution at the annual general meeting if a specific mandate is required (e.g., authorizing an injunction proceeding).

Finances and collection: Certain expenses (bailiff’s fees, reports and legal fees) may be claimed in the proceeding if justified by the law and the evidence. To structure your follow-up, also see our dedicated services: multiRent – Services.

Additional resources:

• RGCQ – Practical resources for syndicates and directors: rgcq.org
• Tools and articles for directors: multiRent – Blog

FAQ – Terminating a condo tenant’s lease

Q1. Can the syndicate itself request lease termination from the TAL?
Yes, if the syndicate demonstrates a sufficient interest and serious evidence of breaches affecting the co-owner community. The TAL may order termination and eviction when the conditions are met.

Q2. Should we first take action against the co-owner-landlord rather than the tenant?
Both approaches can be used. The co-owner-landlord remains responsible for ensuring that their tenant complies with the declaration of co-ownership and the by-laws. Depending on the facts, the syndicate may target the tenant, the landlord or both, to stop the nuisances and obtain the appropriate orders.

Q3. Are the penalties provided for in the by-laws of the immovable sufficient?
They can help apply pressure, but they do not replace an order from the TAL if the disturbance continues. The tribunal assesses the evidence, the gradual nature of the interventions and the reasonableness of the penalties.

Q4. Can a tenant be evicted quickly in the event of a dangerous activity?
In the presence of a safety risk or clearly illegal activity, an urgent injunction before the Superior Court may be considered. Consult a lawyer promptly and prepare your evidence.

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

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