Assigning a Lease and Subletting
© Fernando Calderón
The assignment of lease
The assignment of lease is a process allowing a tenant to leave their apartment before the end of their lease. When you assign your lease, you transfer all associated rights and obligations to another person. Thus, you are no longer the tenant of the apartment.
To transfer your lease, you first need to find a candidate who wants to take over your apartment. Once you have found this person, you can sign an assignment of lease agreement (here is an example of an agreement), and then you must send a notice of lease assignment to your landlord (here is a model provided by the TAL).
Your landlord has 15 days after receiving the notice to accept or reject your candidate. If you do not hear back within this deadline, the assignment of lease is considered accepted.
WARNING! On February 21, 2024, the Quebec government adopted Bill 31, An Act to amend various legislative provisions with respect to housing. Among other things, this bill made changes to lease assignment.
Specifically, the landlord can now refuse the lease assignment for a serious or non-serious reason.
If the landlord refuses the lease assignment for a serious reason (e.g., poor credit check, the candidate did not regularly pay rent in other dwellings, etc.), the lease will not be terminated. You will remain the tenant of the apartment and will need to find another candidate to proceed with the lease assignment.
If the landlord refuses the lease assignment for a non-serious reason, the lease will be terminated on the date the assignment was supposed to take effect. Unfortunately, the new law does not specify what constitutes a non-serious reason, and the recent adoption of the law prevents us from providing a precise example (as there have not been enough decisions made by the TAL on this matter).
For more information on lease assignment, visit the website locataire.info, under the “cession de bail” section (French only).
Subletting
Unlike lease assignment, when you sublet your apartment, you remain responsible for it. If your subtenant causes damage or does not pay rent, it is you whom the landlord will pursue. You also become the landlord to your subtenant, meaning they must turn to you if any issues arise in the apartment.
The process for subletting your apartment is similar to that of lease assignment: once the agreement with the subtenant is concluded (here is an example of a contract), you must send a subletting notice to your landlord (here is a model provided by the TAL), and if you do not hear back from your landlord within 15 days of receiving the notice, the subletting is considered accepted.
WARNING: if you receive a non-renewal notice from your landlord stating that you have sublet your apartment for more than 12 months (or citing article 1948 of the Civil Code), you must take action and contest it within the month following the notice! Even if you are not currently subletting, contact us for more information.
If you are the subtenant, be aware that you do not have the right to maintain occupancy.
For more information on subletting, visit the website locataire.info, under the “sous-location” section (French only).