If you’re a tenant in Quebec and facing a need to move before your lease ends, either due to a job change, family situation, or a desire for a new home, knowing your rights around subletting and assigning your lease is crucial. Many tenants are surprised to discover that in Quebec, the law strongly protects their ability to sublet or assign a lease to someone else—and that these options are often preferable to breaking your lease early. This article demystifies the legal process, outlines required forms, and explains what landlords can (and can’t) do under the law.

Subletting vs. Assigning a Lease: What’s the Difference?

Subletting means temporarily renting your unit to someone else, while you remain legally responsible for the lease. Assigning your lease means transferring all your rights and obligations to another tenant permanently; after the assignment, you step out of the relationship.

• Subletting: Useful for temporary absences (e.g., school break, travel, temporary job relocation).
• Assignment: Ideal if you won’t return, want to permanently leave, or have found someone who wishes to take over your lease in full.

Both options are governed by clear rules under Quebec’s Civil Code of Quebec^[1]. Landlords cannot simply refuse you the right to sublet or assign, except for serious valid reasons.

Legislation and The Regulator: Who Handles Tenancy Issues in Quebec?

In Quebec, residential tenancy disputes—including those about sublets and assignments—are overseen by the Tribunal administratif du logement (TAL) (formerly Régie du logement).

How to Sublet or Assign Your Lease in Quebec

The law sets out a straightforward process for both subletting and assignment:

• Notify your landlord in writing of your intention and proposed subtenant/assignee.
• Landlords have 15 days to respond. Silence is considered acceptance unless they have a valid reason to refuse.
• If you don’t follow the formal process, you may remain liable even after moving out.

Required Form: "Notice of Subletting or Assignment of a Lease"

Tenants must provide a written notice, typically titled "Notice of Subletting or Assignment of a Lease" (Download from TAL). This form notifies your landlord that you wish to sublet or assign and provides information about the intended person.

• When to use: As soon as you’ve found a subtenant/assignee, or when you make the decision to look for one.
• How to use: Complete all sections. Deliver it by registered mail, in person (with acknowledgment), or any method that provides proof of delivery.
• Practical example: If you’re relocating for work for six months and intend to sublet your apartment, submit this notice to your landlord with your proposed subtenant’s information.

What Reasons Can a Landlord Refuse a Sublet or Lease Assignment?

Landlords can only refuse a sublet or assignment if they have a “serious reason,” such as:

• The proposed person has poor references or financial problems
• The person has a bad history with landlords (e.g., former evictions)

A landlord cannot refuse solely because they want to raise the rent.

If the Landlord Refuses

If you believe the landlord’s refusal isn’t valid, you can apply to the Tribunal administratif du logement (TAL) for a ruling. The landlord must demonstrate their reasons to the Tribunal.

If you receive no response in 15 days, you may proceed with your sublet or assignment as if the landlord agreed. Always keep written records for your protection.

After Subletting or Assigning: Key Tenant Responsibilities

• If you sublet, you’re still ultimately responsible for the rent and condition of the unit.
• If you assign your lease, the new tenant assumes all rights and obligations—including paying rent and respecting the lease terms.
• Ensure the unit’s condition is properly documented; consider a joint inspection.

For more on what happens after a lease transfer, see What Tenants Need to Know After Signing the Rental Agreement.

Quick Checklist: Sublet or Assign?

• Decide: Are you leaving temporarily (sublet) or for good (assignment)?
• Find a candidate: Subtenant or assignee. Screen carefully.
• Send Notice: Complete and deliver the "Notice of Subletting or Assignment of a Lease" form.
• Wait 15 days: For landlord’s response
• If refused: Ask for written reasons. Consider applying to the Tribunal if the reason is not “serious.”
• Record-keeping: Keep all correspondence and signed acknowledgments.

For a full understanding of tenant and landlord rights specific to your province, review the details on Tenant Rights and Landlord Rights in Quebec.

To search for a new place or rent out your unit, Browse apartments for rent in Canada using Houseme’s Canada-wide listings and map features.

FAQ: Subletting and Lease Assignment in Quebec

1. Can my landlord charge extra fees for subletting or assignment?
   No, landlords cannot charge any “transfer” or “processing” fee for sublets or assignments. Only rent can be requested as per the lease.
2. Do I need my landlord’s permission to sublet or assign?
   You must formally notify your landlord and provide details of the replacement tenant, but consent may only be refused for “serious” reasons. Not responding within 15 days equals consent.
3. What happens if the new tenant damages the property?
   If you sublet, you remain responsible for damages. If you assign your lease, the new tenant takes over all responsibility from the assignment date.
4. Is there a difference in process for furnished apartments?
   No, the process and legal rights for subletting and assigning are the same for furnished and unfurnished properties in Quebec.

Conclusion: Key Takeaways for Quebec Tenants

• Tenants in Quebec have strong legal protections to sublet or assign their lease if done properly with notice.
• Always use the official forms to notify your landlord, and document all communications.
• If your landlord refuses, you have a right to challenge their reasons at the Tribunal.

Following these steps can help you avoid disputes and move with confidence.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL) – Legal info, complaints, and all tenant/landlord forms in Quebec
• Notice of Subletting or Assignment of a Lease (TAL Form)
• Tenant advocacy organizations: RCLALQ: Quebec Leaseholders' Rights Group (French site)
• For general information on tenancy rights: Tenant Rights and Landlord Rights in Quebec

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1. See Civil Code of Quebec, Articles 1870 to 1876 - Assignment and Subletting
2. Tribunal administratif du logement (TAL): Quebec’s housing tribunal for tenants and landlords

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