Definition
A tenant's transfer of the lease to another person, who takes their place; since 2024, the landlord may refuse without a serious reason, but the lease then ends.
How it works
The tenant notifies you of their intention to assign the lease, with the assignee's name and address and the planned assignment date (art. 1978.1, Civil Code of Québec). You have three options:
- consent: the assignee becomes your tenant and the former tenant is released (art. 1873 C.C.Q.);
- refuse for a serious reason, such as the candidate's inability to pay: the lease continues with the current tenant;
- refuse for any other reason (art. 1978.2 C.C.Q., Bill 31, for assignment notices sent on or after February 21, 2024): the lease is then terminated on the assignment date given in the notice.
If you refuse, give your reasons within 15 days of receiving the notice; otherwise you are deemed to consent (art. 1871 C.C.Q.). Answer within that time, whichever option you choose.
Money
A landlord who consents may only charge the reasonable expenses resulting from the assignment (art. 1872 C.C.Q.). Since February 21, 2024, the tenant can't charge the assignee anything in exchange for the lease (art. 1978.3 C.C.Q.): so-called key money is a penal offence.
Don't confuse an assignment with a sublet, where the tenant stays bound by the lease, or with termination, which ends the lease.
Learn more
Glossary terms
Official sources
General information, not legal advice
This page summarizes the rules in force in Québec on the update date shown, for information only. It does not replace advice from a lawyer, notary or accountant, nor the official texts: when in doubt, rely on the sources above and on the Tribunal administratif du logement.