In Quebec, short-term rental subletting—such as listing your apartment on Airbnb or similar platforms—can be a complex issue, especially for tenants who want to make extra income or face unexpected absences. Quebec laws and legal precedents set clear limits and obligations for both tenants and landlords when it comes to subletting and short-term rental arrangements.

Quebec Laws on Subletting and Short-Term Rentals

In Quebec, tenants are allowed to sublet their rental unit (or assign the lease), but must follow strict rules under the Civil Code of Québec and municipal regulations.^[1] Short-term rentals, typically defined as stays less than 31 continuous days, are subject to additional restrictions—especially in major cities.

• Subletting requires written notice to the landlord with the name and address of the prospective subtenant.
• Landlords cannot refuse a sublet without a valid reason (such as concerns over the subtenant’s ability to pay rent or potential damage).
• Short-term rentals may be prohibited in certain buildings or units, especially if municipal by-laws restrict tourist accommodation or require registration.

Violating subletting rules, especially by using the unit for short-term rentals without authorization, can lead to lease termination and significant penalties.

Landmark Case Summaries: What Precedents Say

Legal cases in Quebec have shaped how the Tribunal administratif du logement (TAL, formerly Régie du logement) interprets subletting and short-term rentals:

• Case Example: Airbnb Without Consent. In repeated decisions (such as TAL 31-050314-017), the TAL ruled that tenants who list their entire apartment for short-term stays—without landlord consent—are in material breach of the lease. This is especially true if profit is the primary goal, or if frequent guest turnover disturbs other residents.
• Sublet vs. Assignment. Tenants should distinguish between a sublet (temporary transfer of use while retaining responsibility) and lease assignment (full transfer of the lease). Improperly assigning or subletting can have different legal consequences.

The TAL has consistently supported landlords in terminating leases when tenants use their units as de facto tourist accommodations against municipal rules or the terms of the lease.^[2]

Filing a Complaint or Defending Your Rights

When disputes arise over subletting or short-term rentals in Quebec, either party can apply to the Tribunal administratif du logement. Tenants may need to respond to lease termination notices or contest eviction in cases involving unauthorized subletting.

Key Form: Application to the Tribunal administratif du logement

• Form Name: Application to the Tribunal administratif du logement (Form No. TAL-000A)
• Use: Tenants can use this form to contest termination, eviction, or claim damages.
• Example: If your landlord serves notice to terminate for alleged unauthorized subletting, use this form to dispute the claim with supporting evidence.
• Find the official form and instructions here.

If you're unsure about your subletting rights, always check your lease, talk to your landlord, and review municipal by-laws before proceeding. Unauthorized short-term rentals can lead to serious consequences.

Subletting in Practice: Essential Steps for Tenants

Before subletting your rental in Quebec—especially for short-term stays—take these practical steps:

• Review your lease for clauses that prohibit or restrict subletting or short-term rentals.
• Check the municipal rules for your city (e.g., Montreal, Quebec City) about tourist accommodation registration.
• Provide your landlord with written notice about the sublet or lease assignment, including full details about the intended subtenant.
• Wait for your landlord’s response; if refused, ask for reasons in writing.
• Never proceed with a sublet until you receive clear, written permission or have followed the dispute process at the TAL.

For a comprehensive overview of rights and responsibilities for both parties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Provincial Legislation and Where to Learn More

Quebec’s rules are established in the Civil Code of Québec – Leases. Disputes and enforcement are handled by the Tribunal administratif du logement (TAL), the province’s official residential tenancy tribunal.

Want an overview of all tenant and landlord rights in the province? Check out Tenant Rights and Landlord Rights in Quebec.

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Frequently Asked Questions

1. Can I sublet my apartment in Quebec on Airbnb? Most leases in Quebec require landlord consent and prohibit short-term tourist rentals. Operating an Airbnb without landlord and municipal approval could lead to eviction or fines.
2. What should I do if my landlord refuses my sublet? Ask for a written explanation. If you feel the refusal isn’t justified, you can apply to the Tribunal administratif du logement to contest the decision.
3. What’s the difference between subletting and lease assignment? Subletting means you return to the unit at the end of the sublet; assignment transfers the lease permanently to someone else. Both require landlord notification and, in most cases, consent.
4. Could I lose my lease if I sublet without permission? Yes. Quebec tribunals have terminated leases for unauthorized subletting—especially when used for short-term tourist rentals.

Conclusion: Key Takeaways for Quebec Tenants

• Always check your lease and municipal by-laws before any sublet or short-term rental.
• Written notice to your landlord is legally required; don't skip this step.
• If facing a dispute over subletting or eviction, the Tribunal administratif du logement is your main resource.

Staying informed about the latest case law protects your rights and helps avoid costly mistakes.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL) – File a dispute, find forms and guides, and access decisions
• Éducaloi: Short-Term Rentals and Your Lease – Plain language legal guidance
• For a broad view of renting in Quebec, visit the provincial tenant fact page: Tenant Rights and Landlord Rights in Quebec

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1. See Civil Code of Québec, Book Five – Leases (official legislation)
2. Sample case: Tribunal administratif du logement, Dossier 31-050314-017 (official case text)

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