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他所说的程序叫做REPOSSESSION OF A DWELLING.
你可以根据以下的法律条文来判断,或者找Régie du logement (MONTREAL RENTAL BOARD) http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp,他们会热心的给你解释你的权力,并告诉你该怎样一步一步的做,而且这个组织诗篇想保护租客的。
根据魁北克省民法典 ART.1960 CCQ: 1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.
In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.
也就是说如果你的LEASE是12个月的,房东应该提前6个月给你书面通知;如果是6个月的LEASE,提前一个月发书面通知。
民法对这类纠纷的详细说明如下:
1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.
In a notice of eviction, the reason for and the date of eviction shall be indicated.
Repossession or eviction may take effect on a later date, however, upon the application of the lessee and with the authorization of the court.
1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.
1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.
The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.
1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.
1965. The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.
The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.
1966. Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the subdivision, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises.
Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling and that he is permitted to do so by law.
1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses.
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