Montreal family of nine living in trailer outside their own duplex awaiting tribunal ruling

A Montreal family of nine has spent the past two weeks living in a rented trailer parked outside a duplex they own in Ahuntsic-Cartierville, unable to move in while Quebec's housing tribunal decides whether they can reclaim the property.

Armelle Foka purchased the duplex 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 are stuck outside the building because the tenants remain while the Tribunal administratif du logement (TAL) considers the case.

"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 outside the trailer reads: "I'm living on the street because the tenant behind me won't leave my home."

Foka notified the tenants of her intent to repossess the units so her family could move in, and chose not to renew her lease on her previous rental home to demonstrate genuine intent. After receiving no response from the tenants, she filed repossession applications with the TAL. The tenants contested the requests.

A tribunal spokesperson said applications were heard within the tribunal's average processing time of 2.2 months and are now under deliberation. Tribunal members have up to three months after a case is taken under advisement to render a decision. 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 tribunal to proceed.