Lease assignment and sublet in Quebec: the landlord's rights

In short

An assignment transfers the lease to a new tenant and releases the old one; in a sublet, the tenant stays bound to the landlord (arts. 1870 and 1873 C.C.Q.).
A landlord who refuses an assignment or sublet for a serious reason must give the reasons within 15 days of the notice, or is deemed to consent (art. 1871).
Since February 21, 2024 (Bill 31), a landlord can refuse an assignment for a reason other than a serious one; the lease is then terminated on the assignment date given in the notice (art. 1978.2).
A landlord who consents can only charge the reasonable expenses resulting from the assignment or sublet (art. 1872).
Since February 21, 2024, a tenant cannot charge anything to assign a lease, and a sublessor cannot charge more than the rent they pay, apart from services and furniture (arts. 1978.3 and 1978.4).

Assignment or sublet: what changes for you

A tenant can assign the lease or sublet the unit with the landlord's consent, and no lease clause can take that right away. The two have very different effects:

In a lease assignment (cession de bail), the tenant transfers the lease to someone else, who becomes your tenant. The original tenant is released (art. 1873 of the Civil Code of Québec, C.C.Q.).
In a sublet (sous-location), the tenant rents the unit in turn to a subtenant. The tenant stays bound to you (art. 1870).

	Assignment	Sublet
Original tenant	Released	Still bound to the landlord
Content of the notice	Name, address and planned assignment date	Subtenant's name and address
Refusal without a serious reason	Possible since 2024: the lease ends on the assignment date	No
End	The lease continues with the new tenant	At the latest when the main lease ends

The tenant's notice and your 15 days

The tenant must give you the name and address of the person they want to assign the lease or sublet to. Since Bill 31, in force February 21, 2024, an assignment notice must also give the planned assignment date (art. 1978.1).

You cannot refuse without a serious reason, for example the proposed person's inability to pay the rent or known problem behaviour. If you refuse, you must give the tenant your reasons within 15 days of receiving the notice. Otherwise, you are deemed to have consented (art. 1871).

Your silence means yes

Without a reasoned answer within 15 days, the assignment or sublet is accepted automatically. Note the date you receive the notice as soon as it arrives, and answer in writing.

Refusing an assignment and taking the unit back: the Bill 31 option

For assignment notices sent on or after February 21, 2024, Bill 31 added art. 1978.2: the landlord can refuse to consent to the assignment for a reason other than a serious one. The lease is then terminated on the assignment date given in the tenant's notice. Faced with an assignment notice, you therefore have three possible answers:

Consent: the new tenant takes over the lease, and the old one is released.
Refuse for a serious reason, within 15 days: the lease continues with the current tenant.
Refuse for another reason: the lease ends on the assignment date given in the notice, and you get the unit back.

This option applies to assignments only, not to sublets.

Re-renting doesn't erase section G

If you re-rent the unit after the lease ends, you must give the new tenant the section G notice, which states the lowest rent paid in the previous 12 months (art. 1896). If they pay more, they can ask the TAL to fix their rent within 10 days of signing the lease (art. 1950). See the sections of the lease.

What you can charge, and what the tenant can't sell

A landlord who consents to an assignment or sublet can only charge the reasonable expenses that result from it (art. 1872).

Since February 21, 2024, Bill 31 also restricts the tenant:

they cannot demand anything in return for assigning the lease, the practice sometimes called “selling the lease” or key money (art. 1978.3);
a sublessor cannot charge more rent than they pay, apart from the cost of services and reasonable fees for their own furniture (art. 1978.4).

Both are penal offences under section 113 of the Loi sur le Tribunal administratif du logement, as amended by Bill 31.

When a sublet lasts

If the tenant has been subletting the unit for more than 12 months, you can send a notice of non-renewal of the lease (art. 1944). Since Bill 31, the tenant must answer within a month; silence counts as a refusal, and it's then up to you to apply to the Tribunal administratif du logement (TAL), Québec's housing tribunal, to end the lease (arts. 1944.1 and 1947).

A sublet ends at the latest when the main lease ends. The subtenant doesn't have to leave, however, until they receive a 10-day notice (art. 1940).

Common questions

How long do I have to answer a lease assignment request?

To refuse for a serious reason, you must give your reasons in writing within 15 days of receiving the notice. Without a reasoned answer, you are deemed to consent.

Can I refuse an assignment without a serious reason?

Yes, since February 21, 2024, but the lease is then terminated on the assignment date given in the tenant's notice. Without a serious reason, you can't both refuse the new tenant and keep the old one.

Can I charge fees for an assignment or sublet?

Only the reasonable expenses that result from the assignment or sublet (art. 1872).

Can a tenant get paid to assign their lease?

No. Since February 21, 2024, a tenant cannot demand anything in return for an assignment (art. 1978.3); doing so is a penal offence.

Is a tenant who sublets still responsible for the rent?

Yes. In a sublet, the tenant stays bound to you (art. 1870). An assignment releases the tenant; a sublet doesn't.

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.