How to Apply for Tenant Eviction for Property Subdivision or Change

Understanding the Application to Evict a Lessee for Subdivision, Enlargement, or Change of Destination of a Dwelling

If you are a landlord seeking to evict a tenant due to plans to subdivide, enlarge, or change the use of a rental property, you will need to submit an official application to the Tribunal administratif du logement (TAL). This process is governed by specific rules and procedures designed to ensure fairness and transparency for both parties involved.

When to Use This Application

This form is applicable when a landlord intends to:

• Subdivide the dwelling into separate units;
• Enlarge or expand the existing dwelling;
• Change the purpose or use of the dwelling, such as converting residential space into commercial use.

The application is necessary if you want to legally evict the tenant for these reasons, especially when the tenant refuses to leave voluntarily after receiving an eviction notice.

Key Information Required for the Application

Filling out this form accurately is essential for a smooth process. You will need to provide:

• The address of the dwelling in question;
• Details about the landlord (plaintiff) and tenant (defendant), including full names, addresses, and contact information;
• The date the tenant began living in the property;
• Details of the eviction notice sent to the tenant, including the date it was issued and the reasons for eviction;
• The specific grounds for eviction—subdivision, enlargement, or change of destination;
• The requested outcome, such as an eviction order or conditions to be imposed;
• Whether you wish to participate in a conciliation session, either in person, by phone, or via videoconference.

It is important to declare that your intention to evict is genuine and not a pretext for other reasons, in accordance with legal requirements.

How to Submit and Notify

Once the application form is completed, you must:

1. File it with the Tribunal administratif du logement, either in person or through the official digital platform;
2. Notify the tenant and any other involved parties by sending a copy of the application and supporting exhibits. This notification can be performed via registered mail, bailiff, courier, or other approved methods that provide proof of receipt.
3. Within 45 days of filing, you must also submit proof of notification and a list of exhibits to the Tribunal for your case to proceed.

Failure to properly notify the tenant or submit required documents may result in delays or dismissal of your application.

Participating in Conciliation

The Tribunal offers a free conciliation service to help parties reach an agreement without a formal hearing. You can opt to participate in a session either in person at the Tribunal's offices or remotely by phone or videoconference. Participation does not imply admission of liability and can often lead to mutually acceptable solutions.

Conciliation sessions are confidential and conducted by neutral conciliators, fostering open dialogue and quicker resolutions.

Important Points to Remember

• Ensure all information provided is accurate and truthful, especially your declaration of good faith in wanting to evict for lawful reasons.
• Maintain clear records of all notices sent and communications with the tenant.
• Notify the Tribunal and the tenant promptly of any change of address during proceedings.
• Be aware that the application must be filed with supporting exhibits and proof of notification before the Tribunal can schedule a hearing.

This process aims to balance the rights of landlords and tenants, ensuring that eviction for subdivision, enlargement, or change of destination is conducted lawfully and transparently.