Need to move out of your rental in Quebec before your lease ends? You might consider subletting or assigning your lease. Both options allow you to transfer your rental rights, but they work differently. This guide explains the subletting and lease assignment process in Quebec, covering legal basics, essential forms, action steps, and tenant rights.

Understanding Lease Transfers: Subletting vs. Assignment in Quebec

Quebec law gives tenants the right to sublet their rental unit or assign (transfer) their lease to someone else. Here’s the difference:

• Subletting means you temporarily transfer occupancy to another tenant (the subtenant). Your name remains on the lease, and you remain responsible for the lease’s obligations (rent, damages, etc.).
• Assignment means you permanently transfer all rights and obligations to a new tenant (the assignee). Your lease relationship with the landlord ends when the assignment is complete.

Under Quebec’s Civil Code of Quebec, tenants have a legal right to sublet or assign their lease, with the landlord’s consent. However, the landlord cannot refuse without a serious reason.

When Might You Need to Sublet or Assign?

• Moving for work, studies, or family reasons before your lease ends
• Travelling temporarily or spending part of the year elsewhere
• Needing to end your lease early due to life changes

Both options help you avoid penalties or breaking your lease. If you’re considering leaving before your lease’s term, our article What to Do If You Need to Leave Your Rental Before the Lease Expires covers your choices.

Key Steps to Sublet or Assign a Lease in Quebec

Before subletting or assigning a lease, follow these legal steps to ensure protection for both you and your landlord.

1. Find a Suitable Subtenant or Assignee

• Advertise your unit, reach out to friends, or use trusted rental platforms like Canada's best rental listings platform.
• Screen interested candidates. For assignment, ensure the person can take on all lease responsibilities.

2. Notify Your Landlord in Writing

• You must inform your landlord in writing of your intent to sublet or assign, including the candidate’s name, address, and expected transfer date. Keep copies for your records.
• No official government form is required, but written notice is essential. Sample notice templates are available from the Tribunal administratif du logement (TAL).

3. Wait for Landlord's Response

• The landlord has 15 days to reply after receiving your notice. Refusal must be based on serious reasons (e.g., inability to pay rent).
• If the landlord does not respond within 15 days, the law treats their silence as acceptance.

4. Complete the Transfer

• For sublets, prepare a sublease contract with your subtenant. You remain responsible for the unit.
• For assignments, complete a written agreement with the new tenant. Notify the landlord, who will enter into direct relationship with the assignee.

If disputes arise, you can apply to the Tribunal administratif du logement (TAL) for a ruling.

Official Form: Application to the Tribunal administratif du logement

• If the landlord refuses permission or does not reply, you can submit Form TAL-001: Application (official TAL forms).
• How to use: Choose "Authorization to assign a lease or sublet" as your application reason. Include a copy of your original notice, any communications with your landlord, and details about the proposed subtenant or assignee.
• This form begins the process for TAL to decide if the landlord’s refusal is valid.

Legal Protections and Your Tenant Rights

Quebec’s rules for subletting and assignment protect tenants from unfair refusals and penalties. The landlord may only refuse for serious reasons such as inability to pay rent or bad rental history. If you believe a refusal is unjust, you can take your case to the TAL.

Learn more about your rights in Quebec by visiting Tenant Rights and Landlord Rights in Quebec.

For complicated situations—like repairs or disputes after an assignment—see our resource Common Issues Tenants Face and How to Resolve Them.

After a Sublease or Assignment: What Should Tenants Know?

Once the process is complete, make sure to:

• Settle all outstanding rent or fees, and transfer any keys or parking passes.
• Notify utility companies if billing needs to transfer.
• Document the current condition of the apartment for your records.

For more on next steps, see What Tenants Need to Know After Signing the Rental Agreement.

Frequently Asked Questions

1. Can my landlord refuse my request to sublet or assign my lease?
   Only for serious reasons, such as inability to pay rent or problematic history. They must reply within 15 days or it’s considered approved.
2. Do I need to pay a fee to sublet or assign my lease?
   No, your landlord cannot charge extra fees for processing your subletting or assignment request in Quebec.
3. Am I still responsible after assigning my lease?
   No. After a formal assignment, your obligations end and the new tenant takes over.
4. What if my subtenant damages the unit?
   If you sublet, you remain responsible for rent and damages during the sublease period. Carefully choose your subtenant.
5. How do I officially notify my landlord?
   Give written notice with all details of the proposed subtenant or assignee. Save a copy for proof.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL) — Official tribunal for rental housing in Quebec. Info, forms, and complaints.
• Legal Info Line: 1-800-683-2245 (TAL)
• Éducaloi — Legal information for Quebec residents
• Local housing committees (CLLH): Offer tenant support in many Quebec cities

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1. Civil Code of Quebec, Book Five: The Lease
2. Tribunal administratif du logement (TAL) official site
3. TAL Forms and Applications

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