2. Differences between assignment and subletting

It is essential to clearly distinguish between lease assignment and subletting, since they have very different legal effects.

In an assignment, the tenant fully transfers their rights and obligations to another person, called the assignee. The assignee then becomes the tenant and takes over all rights and obligations under the lease. The original tenant is released as of the effective date of the assignment (article 1873 of the Civil Code of Québec). The lease continues under the same conditions, with no need to sign a new one. Assignment is often used in situations such as buying a property, moving to another region, or a change in needs that the dwelling no longer meets.

In a sublet, the tenant temporarily entrusts occupancy of the dwelling to another person (the sublessee), while keeping their own lease. They remain responsible for all of their obligations to the landlord, in particular for rent payment and any damage caused to the dwelling. Subletting is frequently used during temporary absences — for example, a trip, a professional assignment, or when a tenant wishes to keep their dwelling while exploring a new housing situation.

Main differences:

• Relationship with the landlord: in an assignment, the assignee becomes the tenant. In a sublet, the original tenant remains liable.
• Effects on the lease: assignment releases the original tenant; the lease continues with them in case of subletting.
• Duration: assignment takes effect until the end of the lease, whereas subletting is temporary.
• Liability: transferred to the assignee in case of assignment. In subletting, it is retained by the tenant, although the sublessee must respect the conditions of the original lease.

3. Notice to the landlord

In both situations, the tenant must notify the landlord of their intention. The notice must indicate the name and address of the person to whom the tenant intends to sublet or assign the lease, and the landlord's consent must be obtained (article 1870 of the Civil Code of Québec). In the case of a lease assignment, the notice must also indicate the intended date of assignment (article 1978.1 of the Civil Code of Québec).

Form of the notice: the notice must be sent in writing.

Contents of the notice: the notice must include the name and contact information (address) of the candidate and, in the case of an assignment, the intended date of assignment.

Response time: the landlord has 15 days to respond. If there is no response within this period, silence is treated as acceptance.

A notice template for assignment and a notice template for subletting are available on our website.

The tenant must make sure the landlord has acknowledged receipt of the notice.

4. Landlord's response time

The landlord has 15 days from receipt of the notice.

Form of the response: the response must be sent in writing.

No response: if there is no response within the prescribed period, the landlord is deemed to have accepted.

5. Landlord's grounds for refusal

The landlord may refuse for one or more of the following serious grounds:

• excessive financial risk (a valid ground for refusal in the case of assignment only);
• problematic behaviour;
• the candidate's lack of interest in the dwelling;
• failure to respond within the time needed to complete a pre-tenancy check.

It is important to specify the grounds for refusal. Otherwise, the landlord is deemed to have accepted the candidate for the assignment or subletting (article 1871, paragraph 2 of the Civil Code of Québec).

An important distinction for subletting is that a landlord cannot refuse on the basis of financial risk, since the sublessee is not liable for rent payment to the landlord. The original tenant remains liable for rent payment.

Since 21 February 2024, with the adoption of Bill 31, the landlord may refuse the assignment candidate on a ground other than a serious ground. In that case, the lease is terminated as of the intended date of assignment (article 1978.2 of the Civil Code of Québec).

Templates of refusal notices, with or without serious grounds, for both assignment and subletting, are available in our model letters and forms.

6. Fees the landlord may require

A landlord who consents to the sublet or assignment of the lease may only require reimbursement of reasonable expenses (for example, a pre-tenancy check) that may result from the sublet or assignment (article 1872 of the Civil Code of Québec). 

7. Finalizing the assignment or sublet

A tenant who assigns their lease cannot require any consideration (i.e., cannot sell their lease) under article 1978.3 of the Civil Code of Québec. A tenant who sublets their dwelling cannot require, other than the cost of services provided (for example, electricity or internet included) and reasonable fees for the use of the movable property owned by the tenant, an amount greater than the rent they pay to the landlord (article 1978.4 of the Civil Code of Québec).

To finalize the assignment, a template assignment agreement is available in our model letters and forms. This document is appended to the original lease and confirms the date on which the lease was transferred to the assignee.

For subletting, CORPIQ provides a template sublet agreement that clearly sets out the timelines and rules applicable during the sublet.

Without these signed agreements, the assignment or sublet may still be valid if all other conditions are met. However, it is best to have a written agreement to keep proof of the steps taken.