A Montreal family of nine say they have been forced to live in a rented trailer parked outside the duplex they own while waiting for Quebec’s housing tribunal to decide whether they can move into the property.
Armelle Foka says she purchased the duplex in Montreal’s Ahuntsic-Cartierville borough late last year with plans to move into one unit with her children while her parents would occupy the second apartment after the leases expired on June 30.
Instead, Foka, her mother, two sisters and five children have spent the past two weeks living in a trailer parked outside the building because the tenants remain in the duplex while the case is before the Tribunal administratif du logement (TAL).
“I rented the trailer. I rented the generator too. These are extra costs we never planned for when we bought the property,” Foka said.
A handwritten sign displayed outside the trailer reads: “I’m living on the street because the tenant behind me won’t leave my home.”
“I don’t know… I’m at a loss for words,” Foka said. “It’s difficult to be living through something like this, especially because I never imagined it would happen.”
Foka said she notified the tenants she intended to repossess the units so her family could move in. To demonstrate she genuinely intended to occupy the property, she said she chose not to renew the lease on the home she had been renting.
“I spoke with my former landlord and told them I wouldn’t be renewing my lease,” she said. “For me, that was the best way to show that I genuinely intended to move into the property I had bought.”
After receiving no response from the tenants, Foka filed repossession applications with the TAL. The tenants contested the requests, and the matter is now awaiting a decision.
In an emailed statement, tribunal spokesperson Denis Miron said the applications were heard within the tribunal’s average processing time of 2.2 months for that type of case during the 2025-26 fiscal year and are now under deliberation.
Miron said tribunal members have up to three months after a case is taken under advisement to render a decision.
He said Quebec law allows landlords to repossess a dwelling to live in themselves or to house certain close family members, but only after following the process set out in the Civil Code.
“If the tenant refuses, the landlord must obtain authorization from the court to proceed with the repossession,” Miron wrote. “The landlord must then demonstrate that they genuinely intend to repossess the dwelling by the date specified in the notice and that this is not a pretext for achieving other ends.”
The tribunal noted the repossession process is an exception to Quebec’s principle that tenants have the right to remain in their homes.
Melissa Lemieux, a lawyer with the Quebec Landlords Association, said landlords seeking repossession should file applications as early as possible because tribunal delays can affect when they regain possession of a property.
“I always recommend to everybody to open the demand sooner rather than later because if you’re stuck with delays and you wanted the repossession for the specific date that you asked for it, you’re not guaranteed it,” she said.
Tenant advocacy group FRAPRU says the legal protections are necessary because some landlords have attempted to use repossession in bad faith.
“The repossession of dwellings has increased in recent years and obviously a lot of them are made in bad faith,” said community organizer Catherine Lussier. “Some only want to kick out tenants that are not paying enough and replace them with other tenants while raising the rent.”
Lussier added that until the tribunal issues a ruling, tenants are entitled to remain in the dwelling provided they continue meeting the obligations of their lease, including paying rent.
While at the property, CityNews spoke with two tenants living in the duplex. Both declined to comment.
Foka said living in the trailer has been difficult for her family.
“We’re short on space. But this was our last resort,” she said. “We tried to find other places to stay while waiting for the legal process, but we couldn’t find anywhere.”
Despite the ongoing dispute, Foka says the duplex was never intended as an investment property.
“I bought this property with all my savings,” she said. “I worked my entire career and invested everything I had into this property. I bought it so my family could live here, not so I could become a real estate investor.”
Add CityNews Montreal as a trusted source on Google to see more local stories from us.
