Comparison
Both let you take back an occupied unit — but they don't share the same purpose, the same conditions or the same risks. Repossession of a dwelling is for living in the unit; cash for keys is mainly for getting it back to re-rent. Here's the difference, jargon-free, so you can choose the right tool.
Repossession of a dwelling is a right; cash for keys is an agreement. That's the starting distinction, and it changes everything. With a repossession, you exercise a right set out in the law to take a unit back in order to house one very specific person — yourself or an eligible relative. With cash for keys, you rely on no particular right: you offer the tenant a sum of money so that they agree, of their own free will, to end the lease and hand you the keys.
The consequence is direct. Repossession requires grounds — genuine occupancy — and the tenant can challenge it before the board. Cash for keys requires no grounds and can't be challenged this way, since everyone agrees. In other words: if you truly want to go live in the unit (or install an eligible relative there), repossession is made for that. If your goal is to get the unit back to re-rent it at fair value, optimize it or prepare a project, cash for keys is the appropriate tool.
Many landlords confuse the two and attempt a "repossession" when what they really want is to re-rent: that's the surest way to be refused by Québec's rental board (the TAL). Understanding the nuance saves you a costly misstep. This page is provided for general information only and does not constitute legal advice.
The six differences that determine which tool to use — purpose, conditions, grounds, challenge, timeframe and flexibility.
| Criterion | Repossession of a dwelling | Cash for keys |
|---|---|---|
| Purpose | Genuinely occupy the unit — yourself or an eligible relative. | Get the unit back to re-rent, renovate, sell or optimize it. |
| Conditions | Strict: ties and situations set out in the law, written notice within the timeframes, genuine occupancy. | Just one: the tenant's free consent. No condition of status or use. |
| Grounds required | Yes — occupancy grounds regulated by the law and the TAL. | No — no grounds to justify. |
| Risk of challenge | Real: the tenant can refuse and take the matter before the TAL. | None of that nature: the agreement is voluntary and signed by both parties. |
| Timeframe | Governed by notices to respect; potentially long if challenged. | Negotiated between you and the tenant; often shorter and more predictable. |
| Flexibility | Low: use limited to occupancy by eligible persons. | High: the amount, the date and the terms are negotiated to measure. |
Indicative table for general information only; it does not replace a verification of your specific situation and does not constitute legal advice.
Repossession of a dwelling is a right that lets the landlord take back a rented unit in order to live in it themselves or to house an eligible relative. It's a housing mechanism: its purpose is for one very specific person to genuinely come and live in the unit. The law regulates who this "eligible relative" can be — it rests on defined ties and situations — and the landlord must send the tenant a written notice within the timeframes set out in the law.
The key point to remember: repossession assumes genuine occupancy. You don't take a unit back "to see" or with the disguised aim of re-renting it for more. If the tenant refuses the repossession, the matter can end up before Québec's rental board (the TAL), which then verifies that the conditions are genuinely met and that the process isn't a pretext. That's the whole risk of repossession: it can be challenged, and a repossession done for the wrong reasons backfires on the landlord.
Repossession of a dwelling is therefore the appropriate tool in only one major situation: when you — or your child, your parent, or another eligible person — are actually going to move in. In that case, it's the normal and legitimate route, and cash for keys has no place. On the other hand, as soon as your real intention is to take the unit back to put it back on the market, repossession is neither the right nor the only option.
When the goal is to get the unit back to re-rent or optimize it, you're not looking for a right to exercise: you're looking for an agreement.
Cash for keys — "money for the keys" — is an agreement by which the landlord pays the tenant compensation in exchange for their voluntary departure. The two parties freely agree to end the lease before its term: the tenant leaves on a set date and hands over the keys, and the landlord gives them the agreed sum. It's a mutually agreed lease termination, and no grounds are required: no one has to occupy the unit afterward.
That's precisely what makes it the right tool when your goal is to take back to re-rent. A rent frozen well below market, a unit sublet for years, a major renovation to carry out or a sale to prepare: in all these cases, you're not going to live in the unit, so repossession doesn't apply. Cash for keys, however, applies perfectly, because it depends on no condition of use. And because the tenant agrees of their own free will, there's no possible challenge of the kind that comes with a repossession.
The trade-off is simple: cash for keys requires the tenant's consent. No one is forced — it's an offer, never an obligation. All the value of an intermediary like Opti Loyer lies there: building a proposal appealing enough that the tenant has their own interest in accepting, presenting it with respect, and securing a written agreement that protects everyone.
The question to ask yourself is simple: is someone actually going to live in the unit? The answer settles it almost every time.
Are you, or an eligible relative, moving in for real? Repossession of a dwelling is the legitimate route. Respect the grounds, the notice and the conditions: it's a right, provided the occupancy is genuine.
Is the goal to get the unit back to re-rent it at fair value, renovate it or sell it? That's cash for keys territory: no grounds to justify, no challenge, a negotiated agreement.
A rent well below market or a unit sublet for years? No occupancy in sight, so no repossession: cash for keys is the tool cut out for these frozen situations.
A repossession can be refused and end up at the TAL. If predictability matters to you, a voluntary and signed agreement removes the risk of judicial refusal.
Amount, move-out date, condition of the unit at handover: cash for keys is negotiated to measure. Repossession, on the other hand, follows a rigid framework and fixed timeframes.
Our free audit quantifies the value created by getting the unit back and tells you frankly which tool fits. No commitment, pay only for results.
Repossession of a dwelling is a right regulated by law: the landlord takes the unit back to live in it themselves or to house an eligible relative, while respecting strict conditions, a written notice and grounds set out in the law. Cash for keys, on the other hand, is a purely voluntary agreement: the tenant agrees to leave in exchange for compensation, with no required grounds and without anyone having to occupy the unit afterward. Repossession is for occupying; cash for keys is mainly for getting a unit back to re-rent or optimize it. This information is provided for general information only and does not constitute legal advice.
Repossession of a dwelling lets the landlord take back a rented unit in order to live in it themselves or to house an eligible relative, based on the family ties and situations set out in the law. It assumes genuine occupancy: it's a housing tool, not a way to push out a tenant to re-rent for more. It requires a written notice sent within the timeframes set out in the law and respects the framework of Québec's rental board.
No. Repossession of a dwelling is meant for the landlord or an eligible relative to genuinely occupy the unit. Using it for the sole purpose of pushing out a tenant to re-rent at a higher price does not align with its purpose and exposes the landlord to a challenge as well as consequences. If your goal is to get a unit back to re-rent it at fair value, the appropriate tool is cash for keys, a voluntary and paid agreement. This information does not constitute legal advice.
No. Unlike repossession of a dwelling, cash for keys rests on no grounds imposed by law. It's a mutually agreed lease termination: the landlord and tenant freely agree to end the lease, and the landlord pays compensation in exchange for the departure. No one has to occupy the unit afterward: you're free to re-rent, renovate or sell it. What matters is that the agreement is voluntary, in writing and without any pressure.
Yes. The tenant can refuse a repossession of a dwelling, and the landlord must then turn to Québec's rental board (the TAL), which verifies that the conditions are genuinely met and that the process isn't a pretext. This is one of the big gaps with cash for keys: a cash for keys agreement can't be challenged this way, since the tenant freely agrees to leave. Repossession therefore carries a risk of judicial refusal that the voluntary agreement doesn't.
Cash for keys is the right tool when your goal is to get a unit back to re-rent it at fair value, take back an illegally sublet unit, prepare a major renovation or a sale. Because it depends on no occupancy grounds and can't be challenged before the board, it's generally faster, more flexible and more predictable. Repossession of a dwelling, meanwhile, remains the right path only when you — or an eligible relative — are genuinely going to live in the unit.
Yes. The law allows a landlord and a tenant to end a lease by mutual agreement, at any time, and no rule sets the amount of the compensation. Cash for keys is nothing more than a voluntary termination, freely negotiated and signed in writing. What would be illegal is to force, harass or threaten a tenant, or to cut off services: Opti Loyer never crosses that line. We don't force; we negotiate.
No. This page is provided for general information only and does not constitute legal advice. The rules for repossession of a dwelling and termination agreements depend on each situation and may change. For a decision that commits you, always validate your case with a professional or with Québec's rental board.
Yes, in the cases set out in the law, a repossession of a dwelling can give rise to an indemnity paid to the tenant, notably for their moving costs. This framework is regulated by law and validated as needed by Québec's rental board. It's an important difference from cash for keys, where the compensation is not capped and is negotiated freely and mutually. For your specific situation, validate the applicable amounts with a professional or with Québec's rental board — this information does not constitute legal advice.
Often, yes. A repossession of a dwelling requires a written notice, timeframes set out in the law and, if the tenant refuses, a hearing before Québec's rental board that can drag the process out. A cash for keys depends on no hearing docket: as soon as both parties agree and sign, the move-out date is set. That's why the voluntary agreement is generally more predictable, provided the offer is appealing enough for the tenant.
The law provides special protections for certain tenants, for example based on age, number of years of occupancy and income. In these cases, a repossession of a dwelling may be more difficult, or even impossible, and must be validated with Québec's rental board. It's one more reason why cash for keys is often simpler: because it rests on a voluntary agreement, it doesn't run into these conditions. Always validate your situation with a professional — this page does not constitute legal advice.
Repossession of a dwelling to occupy, or cash for keys to take back and re-rent: our free audit quantifies your situation and steers you toward the right path. No commitment, and you only pay if the agreement closes.
