Definition
A tenant renting the dwelling to a subtenant with the landlord's consent; unlike an assignment, the tenant remains bound to the landlord throughout.
The rules
As with a lease assignment, the tenant notifies the landlord of the subtenant's name and address. The landlord can't refuse without a serious reason; a landlord who refuses must give reasons within 15 days of receiving the notice, or is deemed to consent (art. 1871, Civil Code of Québec). The landlord may charge only the reasonable expenses resulting from the sublet (art. 1872 C.C.Q.).
The difference from an assignment: the tenant stays bound to the landlord (art. 1870 C.C.Q.). If the rent isn't paid, the tenant is the one you pursue. And the option to refuse for any other reason by ending the lease (art. 1978.2 C.C.Q.) applies to assignments only.
Limits and end
Since February 21, 2024, the tenant can't charge the subtenant more than the rent they pay, apart from the cost of services and reasonable fees for their own furniture (art. 1978.4 C.C.Q.). A sublet ends at the latest when the main lease ends, but the subtenant doesn't have to leave until they receive 10 days' notice (art. 1940 C.C.Q.).
If the tenant has sublet for more than 12 months, the landlord may send a notice of non-renewal: the tenant has one month to answer, silence counts as a refusal, and the landlord then applies to the Tribunal administratif du logement (TAL) (art. 1944.1 C.C.Q.). See lease renewal.
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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.