assign lease quebec

Guide to transferring a lease and subletting in Quebec

Updated January 4, 2023

You just landed a fantastic dream job in another city, or that condo you were waiting for finally came on the market—congrats! But what’s that? You’re two months into a one-year lease?

Before you turn down your dream job or dream home, take a deep breath. Here, we’ll explain how you can transfer (a.k.a. assign or sublet) your lease if you need to move out of your rental home before the end of your contract.

We will touch on the notions of assignment and subletting as well as the implications for your home insurance. Read on to discover how to break your lease—without breaking the rules!

Closeup of a pen signing a lease contract

What is a lease transfer?

What is subletting, how to assign a lease, how to sublet, home insurance considerations, commonly asked questions.

A lease transfer (also called an assignment) allows a tenant to assign their lease to another person, who then becomes the new tenant. Lease transfers allow a tenant to avoid penalties for moving out before their lease expires.

The original tenant (called the lessee ) waives their right to return to the home. In this scenario, the original tenant’s rights and obligations are transferred to the new tenant. The new tenant is called the assignee and will pay the same rent as the original tenant.

Assignment is conditional on approval from the lessor (the property owner ).

Subletting (or subleasing) is an option for tenants planning on moving out temporarily (for travel, university, or work). Unlike a lease transfer, the tenant remains the lessee, retaining all the rights and obligations of the contract.

However, a sublease allows a new tenant (the sublessee ) to move in for a specified duration while the main tenant is away. The sublessee must adhere to all the conditions of the original lease agreement.

Subletting is also conditional on the lessor’s approval.

There are, of course, some exceptions to transferring or subletting your lease.

For example, you cannot assign or sublet if you are a student renting a home at an educational institution or a tenant in low rental housing. You can check out the Tribunal administrative du logement , a Quebec body that specializes in residential lease matters, for specific information about your own situation.

Once you find someone interested in assuming your lease, you and that person (the assignee) need to sign a written agreement, called an assignment of lease agreement . You must then provide the lessor with written notice, called a notice of lease assignment . This must include the name and address of the new tenant, and the expected date of assignment. With the assignee’s consent, you may provide additional information about the prospective tenant as necessary.

The lessor has 15 days from the notice date to inform you if they accept or refuse the agreement. You should make sure that you have proof of the date the lessor received the notice. If the lessor doesn’t respond in the prescribed period, they are presumed to have accepted the agreement.

If the lessor rejects the agreement, they must provide you with a valid reason or reasons. For example, a lessor can refuse an assignee who has a poor payment history or poor references. So, make sure you check out the assignee’s background beforehand to avoid any unpleasant surprises.

If you believe the lessor’s reasons were not valid, you may ask the Tribunal to examine the reasons or terminate the lease. If the Tribunal decides that the lessor’s rejection was unfounded, it can declare the assignment valid.

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The process is the same as above, except you and the sublessee (new tenant) need to sign a Notice of subletting of dwelling . As the sublessor , you should provide the sublessee with a copy of the building rules, if applicable, and inform them of your obligations (such as the smoking policy or quiet hours).

You must also make sure that the home is clean and delivered to the new tenant in good, habitable condition. It’s important you take care of any repairs before the sublessee moves in. Otherwise, they could take action against you. That means you would have to contact the property owner—the last thing you want when you are away from the property!

Remember: even though you will no longer be living in the home, you are still responsible for the lease. You also retain the right to return to the dwelling at the end of the sublease period, providing you give the sublessee 10 days notice to vacate the home.

If you are transferring your lease and have tenant insurance, your tenant insurance is not transferrable to the new tenant. The new tenant will have to buy their own insurance policy. However, you still need to contact your home insurance provider to update your status; you may cancel your policy or transfer it to your new address.

If you are subletting, you will also need to advise your insurance provider of the change. While you maintain the lease, you no longer occupy the home. Some insurance providers won’t write policies for subleases because of the change in risk.

So, it’s essential you reach out to your insurance provider, especially if you are leaving any of your personal property in the subleased home. The sublessee will also need to purchase their own insurance.

Do I have to pay a penalty to transfer my lease or to sublet?

No. There is no penalty to transfer your lease or to sublet. You do have to get the lessor’s approval, though.

Can a property owner cancel a sublease?

Yes. A property owner can request the cancellation of the sublease if the sublessee causes serious harm to the building or other residents. That includes late rental payments, too, or excessive noise disturbing the neighbours. The lessor can also request the cancellation of the lease and demand that the sub-leasing tenant pay damages, so the tenant should always do a thorough background check on the sublessee.

Are there other ways to break a lease besides transferring or subletting?

There are 4 scenarios in which a tenant can terminate a lease before the end of its term:

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Home Legal Answers Landlord and Tenant Residential Landlords and Tenants Subletting or assigning a lease

A tenant with a lease is responsible for paying the rent up-to the end of the lease. Tenants who want to move out before the end of the lease, normally have the option to sublet or assign their unit, which means the new tenant will be responsible to pay rent for the remaining months of the lease.

Subletting rules

If the tenant only wants to move out temporarily they can arrange to sublet their unit. Subletting occurs when a tenant rents out their unit to another person, called a subtenant, for a period that is less than the length of the lease. If a tenant rents on a month-to-month basis, they can only sublet the unit for less than one month and not for any longer period, or the tenant and the subtenant may lose their rights to the unit. With a sublet, the original tenant is responsible for all the terms under the lease and must collect the rent from the subtenant, and ensure it is paid to the landlord.

If a tenant wants to sublet their unit, they require the landlord’s written approval. Landlords are not allowed to unreasonably refuse a request for a sublet. This means that if a landlord decides to refuse a subtenant, he or she must have a good reason for doing so. Further, if the landlord refuses to allow the tenant to sublet the unit, or does not reply to the request within seven days, the tenant can apply to the Landlord and Tenant Board to determine if the sublease should be allowed.

Assigning a lease: transferring it to someone new

If a tenant wants to move out before the lease expires and does not plan to return, he or she can assign the lease to another person, who will then become the tenant. Assigning a lease transfers all the tenant’s rights and obligations to another person. The new tenant, called the assignee, will be required to pay the same rent that the original tenant was paying, and the terms of the original lease will apply.

If a tenant wants to assign a lease, he or she is first required to make a written request for the landlord’s approval. As with a sublet, the landlord cannot unreasonably refuse consent to an assignment. If the landlord refuses or does not reply within seven days of the tenant’s request, the tenant has two choices: end the lease or apply to the Board to approve the assignment. If the tenants want to end the lease, they have 30 days from the day the assignment request was made to give notice to the landlord. The notice must be 30 days before the tenant will move, which is normally the last day of the month.

Subletting or assigning a lease without the landlord’s permission

If a tenant sublets or assigns their unit without first getting consent from the landlord, it is considered an unauthorized assignment or sublet. When this happens, a landlord can file an application with the Board to evict both the tenant and the unauthorized occupant. However, if the landlord fails to file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.

To apply to the Board to have a sublet or assignment approved, tenants must submit the appropriate form together with a small application fee. A copy of these forms must then be delivered to the landlord. To obtain forms or for additional information on sublets and assignments, visit the Landlord and Tenant Board website.

Help for tenants

A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.

If you are a tenant , you can add your monthly rent payment to your credit report using FrontLobby . This can:

Help for landlords

For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .

If you are a landlord , you can pull tenant credit reports and report monthly rent payments to the credit bureaus using FrontLobby . This helps you:

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Separation and divorce

Moving before the lease ends

You’re a tenant and you’re separating? A divorce or separation doesn’t allow you to terminate your lease before it expires. This means that you’re still responsible for paying the rent. However, there are many ways to be relieved of this responsibility.

Are you sure you're a tenant?

To find out, check if your name appears on the lease. Paying part of the expenses related to the dwelling doesn’t necessarily make you a tenant. If you’re not a tenant, you don’t have to stay in the dwelling and can move out whenever you wish.

Low-rental housing and student housing

If your dwelling is in low-rental housing or in a student residence, there are specific rules to terminate your lease.

Low-Rent Housing ( Éducaloi )

Students ( Tribunal administratif du logement )

Is your safety or your children's safety at risk?

If you feel that your safety or your children’s safety is at risk, in some cases you may be able to resiliate your lease.

Ending a Lease for Spousal or Sexual Violence ( Éducaloi )

Domestic Violence ( Gouvernement du Québec )

Reaching an agreement with the landlord to resiliate the lease

It may be beneficial to both you and your landlord to reach an agreement to resiliate (in other words, terminate) the lease before the expiry date.

After the date of resiliation, you will be released from your obligations as a tenant and can therefore move out. The landlord may once again use the dwelling as he or she sees fit, whether to lease it again or to consider other projects.

There are no specific rules governing a resiliation agreement. You have to negotiate with your landlord.

You can start by informing your landlord that you want to resiliate the lease and telling him the date you would like the lease to end.

If your landlord is reluctant to resiliate your lease, you can suggest an arrangement such as paying compensation or a portion of the remaining rent.

In any case, if you reach an agreement, it is important to put it in writing. This will be your proof that you’re no longer responsible for the dwelling.

Letting your ex take over the lease

If your ex is not the tenant but wants to remain in the dwelling, he or she can send the landlord a notice that you have ceased living together. This will allow your ex to replace you as tenant.

It’s up to your ex whether to send this notice, however. You can’t force him or her to take over your obligations as a tenant without his or her consent. Therefore, you need to reach an agreement with your ex before one of you sends the notice to the landlord.

To let your ex take over the lease, you must be married or your ex must have lived in the dwelling for at least six months before your departure. The notice should also be sent to the landlord no later than two months after you move out.

Notice of cessation of cohabitation ( Tribunal administratif du logement )

Assigning your lease

You can assign your lease to another person, or in other words transfer it to someone else who will replace you as the tenant. In this situation, you’ll no longer be responsible for the lease once the transfer is made.

If you choose this option, you must notify your landlord, who will then have 15 days to accept or refuse the assignment. Your landlord can refuse the assignment only for a serious reason, for example, if the person you want to assign the lease to doesn’t have enough income to pay the rent.

Your landlord can ask you to reimburse reasonable expenses resulting from the assignment, for example fees to verify the new tenant’s ability to pay.

Assignment of lease agreement ( Tribunal administratif du logement )

Notice of lease assignment ( Tribunal administratif du logement )

Subletting the dwelling

You may also sublet the dwelling to another person. However, in this situation, you have certain obligations towards the subtenant of your dwelling, and you’re still responsible for the lease in the eyes of the landlord. You also need to notify your landlord of the change in situation. The landlord may refuse the sublet for a serious reason.

Notice of subletting of dwelling ( Tribunal administratif du logement )

Assignment of a Lease or Subleasing ( Tribunal administratif du logement )

Waiting until the lease ends

Finally, if none of the above options is possible, you will have to wait until your lease expires to stop paying rent. Be sure to notify your landlord by sending a notice of non-renewal.

The deadline to send the notice of non-renewal to your landlord varies according to the term of your lease:

For example, for a one-year lease ending on June 30, you must send the notice to your landlord between January 1 and March 31.

Notice of non-renewal of the lease by the lessee ( Tribunal administratif du logement )

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The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.

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Assign to a new tenant

Question & Answer

Another legal way to move out early is to assign your place to a new tenant.

Assigning means that the new tenant replaces you and takes over your rental agreement. The amount of rent and all other details of the agreement stay the same. You are not responsible if the new tenant causes damage or owes rent. But when you assign, you do not have the right to move back in later.

You must ask your landlord for permission to assign. It is best to ask in writing and keep a copy of your request. Your landlord must answer within 7 days.

If your landlord agrees to let you assign, they are allowed to charge you a fee. The fee can't be more than your landlord had to spend on things like a credit check, and advertising if the landlord found the new tenant.

Your landlord can refuse to let you assign to a particular person if there is a good reason. For example, if the person caused problems for a landlord in the past, such as damaging property or not paying rent.

Write a letter asking to assign

Use this tool to write a letter to your landlord asking if you can assign your unit.

If your landlord won’t let you assign to anyone

If your landlord won't let you assign at all or does not give you an answer within 7 days, you can move out with 30 days' notice .

To do this, give your landlord a Tenant’s Notice to End the Tenancy (Form N9) no later than 30 days after you asked for permission to assign.

In this situation, the usual rules about the timing of your notice do not apply. You can choose any termination date , as long as it is at least 30 days after the day you give your landlord the notice.

You can mail or fax the notice, or give it to your landlord in person. You can also give the notice to your landlord's agent. An agent can be someone who works for your landlord, for example, the superintendent or someone who works in the property manager's office.

NOTE: If you mail the notice you must do this 5 days before the day you need to give it to your landlord.

You might not have a right to assign if you live in

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Ending a Commercial Lease

A commercial lease is a contract. It ends on the date agreed upon by the tenant and the landlord. In some cases, the landlord or the tenant can end the lease early. In other cases, the lease can continue after the agreed date.

assign lease quebec

The tenant wants to leave before the end of the lease

The tenant may assign their lease, sublet their premises, or agree with the landlord to end the lease early.

A tenant who cannot sublet or assign their lease, or who is unable to agree with the landlord, must continue to honour their lease. They must pay the rent and services until the end of the lease.

The landlord can sue a tenant who leaves the premises before the end of the lease and stops paying the rent. The landlord can ask for damages such as unpaid rent until they find a new tenant. They could also ask to be repaid for the cost of restoring the premises.

The landlord can force a tenant to leave before the end of the lease

In some situations, the landlord may decide to end the lease before the agreed date.

The tenant does not fulfil their obligations

The landlord can ask the court to end the lease if the tenant does not fulfil their obligations and that causes the landlord serious harm. For example, if the tenant is late on rent or does not maintain their premises properly.

The lease may also provide for situations in which the landlord can automatically end the lease if the tenant does not fulfil their obligations.

The property is sold

If the landlord sells the property in which the premises are located, the new landlord generally has the right to end the lease.

He does not need to have any specific reason. The new landlord must only respect certain time limits. They must end the lease within 12 months of the property being purchased. They must also send the tenant a notice 6 months before the end of the lease.

However, the new landlord cannot end the lease early if:

Be careful! If the lease is for an indefinite term, meaning that it has no end date, publication at the registry office does not prevent a buyer from being able to end it.

The tenant continued to occupy the premises at the end of the lease

The landlord can force a tenant to leave the premises at the end of the lease if the tenant continues to occupy them. The lease can also provide that the tenant must pay a significant penalty for every day they occupy the premises after the lease has ended.

In certain cases, the lease can be renewed rather than ending on the agreed date. Here are two cases.

The lease includes an “option to renew” clause

This clause allows the tenant to easily renew their lease when it ends. This avoids having to renegotiate all or part of the lease. This clause may provide for a rent increase.

The lease has ended but the tenant and the landlord have not discussed the lease

The lease can say what happens in this type of situation. If your lease does not say anything, the law provides that the lease is automatically renewed if:

If the initial lease was for one year or more, it is renewed for one year. If your initial lease was for less than one year, it is renewed for the same term.

Éducaloi provides general information about the law that applies in Québec. This is not a legal opinion nor legal advice. To find out the specific rules for your situation, consult a lawyer or notary .

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Commercial Leases in Québec (Part 1 of 2)

While there are many similarities between civil law in Québec and common law jurisdictions when it comes to the rules that apply to commercial leases, there are also a number of differences. This article discusses some of the main discrepancies.

The Civil Code of Québec (the “ CCQ ”) offers much more protection to the tenants, but most of these protections are routinely contracted out of by the parties.

Distinction between real right and personal right

The civil law system in Québec, like the common law system, makes a distinction between a real right (i.e. a right in the object itself or in rem ) and a personal right (i.e. a right that can be exercised against one or more persons).

Definition of a lease

The CCQ, in effect since January 1, 1994, defines “ lease ” as a contract by which a person, the landlord, undertakes to provide another person, the tenant, with the enjoyment of a movable property or real estate for a certain time, in return for a rent (Article 1851, CCQ).

Thus, a commercial lease in Québec, unlike in common law jurisdictions, does not give the tenant any right in the real estate, strictly speaking. It gives only personal rights in favour of the parties, i.e. the right to require certain benefits from the other party.

The CCQ applies to the extent that it is not contracted out of

As a result of the codified approach used in Québec, the provisions of the CCQ apply to commercial leases if and to the extent that they are not contracted out of by the parties. There are, however, certain provisions of the CCQ that cannot be contracted out of as well as exceptions with respect to rules of public order (but there are not many in the area of commercial leases).

Thus, subject to the above noted exceptions, if a situation covered by the CCQ is not subject to an explicit agreement to the contrary, the relevant provision of the CCQ is presumed to form part of the lease.

Formal requirements

In Québec, there are no formal requirements in respect of commercial leases. A commercial lease between the parties will be valid provided it includes all the essential information, namely the identity of the landlord and the tenant, a sufficiently precise description of the leased property, and the rent.

Commercial leases can even be oral ; however, that creates the difficulty of providing proof of them.

Enforceability of lease against third parties

If a tenant would like the lease to be enforceable against a prospective buyer of the leased property or a mortgage creditor, the lease must be in writing and the tenant must ensure that it is registered against title.

Registration of lease

For a commercial lease to be registered in Québec, it must include an appropriate cadastral description of the leased property (Article 2981, CCQ).

It may be registered by presenting the lease itself in full , by presenting a summary of the lease or simply by means of a notice (Article 2982, CCQ).

If it is registered in full, it must be signed before a Québec notary (who certifies, through his or her signature, that he or she has verified the identity, status and capacity of the parties, and that the document reflects the intention expressed by them), or it may be signed without the presence of a notary, before two witnesses, one of which is under oath (Article 2995, CCQ). If the lease was notarized, the notary who drew it up may produce an excerpt of it, deliberately omitting more “sensitive” information (such as the rent) that the parties do not necessarily wish to make public. If the lease is not notarized, it cannot be produced as an excerpt and, consequently, must be registered in full, including such “sensitive” information.

A lease may also be registered by presenting a summary of same (Article 2982, CCQ). However, there is a drawback: a person requiring registration in the land register must provide the lease itself, in addition to the summary, for conservation and consultation purposes (Article 2985, CCQ); this poses the same problem with respect to more “sensitive” information that the parties do not necessarily wish to make public.

It is therefore by means of a notice (i.e. the third method indicated above) that most commercial leases are registered in Québec (Article 2999.1, CCQ). The notice refers to the lease in question, identifies the landlord and the tenant, and includes a description of the real estate in which the leased premises are located; it also indicates the date the lease comes into effect and, where applicable, the date it terminates, the particulars needed to determine such dates, as well as any rights in respect of renewal of the lease. The accuracy of the notice must, in all cases, be certified by a notary or a lawyer.

One of the provisions of the CCQ that cannot be contracted out of is Article 2936. More specifically, in Québec, the parties cannot contract out of their right to register the lease. The majority of common law jurisdictions do not have such provisions, so a commercial lease in those jurisdictions can restrict the tenant’s right to register the lease.

Registry office searches

Under the Québec land registry system, it can be difficult to identify the actual owner of the property, the mortgage creditors and servitudes that may affect a property. Presumption of lease

A lease of real estate is presumed where a person occupies the premises and his or her occupancy is tolerated by the owner. The lease goes into effect upon occupancy and includes the obligation for the tenant to pay a rent corresponding to the rental value (Article 1853, CCQ).

Obligations of landlord

The landlord is required to deliver the leased property to the tenant in a good state of repair in all respects and to provide the tenant with the peaceful enjoyment of the property throughout the term of the lease (Article 1854, CCQ).

The landlord is also required to guarantee the tenant that the property can be used for the purpose for which it was leased and to maintain the property for that purpose throughout the term of the lease (Article 1854, CCQ).

It should be noted that these provisions may be contracted out of, so the parties can always stipulate otherwise.

Thus, unless stipulated otherwise, the landlord guarantees the tenant that the municipal by-laws in respect of zoning allow the tenant to use the property for the purpose set out in the lease.

Obligations of tenant

The tenant is required to pay the agreed-upon rent and to use the property with prudence and diligence (Article 1855, CCQ).

Use of the property

Neither the landlord nor the tenant may change the form or permitted use of the leased property during the term of the lease (Article 1856, CCQ).

Right of landlord to carry out work

The landlord has the right to check the condition of the leased premises, to carry out work on them and to show them to a prospective buyer or tenant; the landlord must, however, exercise this right in a reasonable manner (Article 1857, CCQ).

Legal and de facto disturbances

The landlord is required to indemnify the tenant against disturbances affecting or interference with the tenant’s enjoyment of the leased premises (Article 1858, CCQ).

The landlord is also required to remedy the injury that results from de facto disturbances by another tenant affecting the enjoyment of the leased premises (Article 1858, CCQ).

The tenant is required to conduct himself or herself so as not to disturb the normal enjoyment of the other tenants, in the case of a multi-unit property; if the tenant breaches this obligation, the landlord may apply for the termination of the lease.

A tenant who is disturbed by another tenant may, depending on the circumstances, obtain a reduction of rent or the termination of the lease, provided the tenant notified the common landlord of the disturbance and the disturbance persists. The tenant may also obtain damages from the common landlord, unless the landlord proves that he or she acted with prudence and diligence (Article 1861, CCQ).

Damage to or destruction of the property

When it comes to losses affecting the property, the tenant is required to remedy the injury sustained by the landlord, unless the tenant proves that such losses were not his or her fault or the fault of persons he or she allowed to use or access the property (Article 1862, CCQ). However, in the case of a fire, the burden of proof is reversed, and it is the landlord who must prove that the fire was the fault of the tenant or that of persons he or she allowed to access the property (Article 1862, CCQ).

Non-performance of obligations

The non-performance of an obligation by one of the parties entitles the other party to apply for, in addition to damages, specific performance of the obligation in cases that so permit. If the non-performance causes the party or other occupants serious injury, the party may apply for the termination of the lease (Article 1863, CCQ).

Such non-performance also entitles the tenant to apply for a reduction of rent; when the court grants such a reduction, the landlord who is remedying the breach is nonetheless entitled to re-establish the rent for the future (Article 1863, CCQ).

In common law jurisdictions, the landlord benefits from the right to distrain, which can be exercised against the tenant’s property if the tenant fails to pay his or her rent. The landlord does not benefit from a similar right in Québec.

The landlord is required to make all necessary repairs to the leased property, during the lease, except minor repairs; such minor repairs are the responsibility of the tenant, unless they result from the normal aging of the property or force majeure (Article 1864, CCQ).

The tenant must allow urgent and necessary repairs to be made to ensure the preservation and enjoyment of the leased property (Article 1865, CCQ).

A landlord who makes such repairs may require the tenant to vacate or be dispossessed of the property temporarily but, if the repairs are not urgent, he or she must first obtain the authorization of the court, which also sets the conditions required to protect the rights of the tenant (Article 1865, CCQ).

The tenant nonetheless maintains, depending on the circumstances, the right to obtain a reduction of rent, to apply for the termination of the lease, or to require compensation, if he or she vacates or is dispossessed of the property temporarily (Article 1865, CCQ).

A tenant who becomes aware of a serious defect or deterioration in the leased property is required to inform the landlord within a reasonable period (Article 1866, CCQ).

When a landlord fails to make the repairs or improvements he or she is required to make under the lease or by law, the tenant may apply to the court for authorization to carry them out himself or herself (Article 1867, CCQ).

If the court grants authorization for such repairs or improvements, it determines the amount and sets the conditions to be observed in carrying them out. The tenant may then withhold from his or her rent the expenses incurred to carry out the authorized work, up to the amount set by the court (Article 1867, CCQ).

Needless to say, all the provisions of the CCQ in respect of repairs may be contracted out of by the parties; consequently, commercial leases very often include provisions rendering them inoperative.

Assignment of lease

The assignment of a commercial lease relieves the tenant (i.e. the assignor) of his or her obligations, unless the parties agree otherwise (Article 1873, CCQ). Consequently, from the landlord’s point of view, it is important to include a provision in the lease specifying that the tenant will remain jointly and severally liable for his or her obligations under the lease, and subsequently under any assignment.

The general rule in Québec is that the tenant is required to obtain the consent of the landlord for any assignment of the lease or sublease of the leased premises (Article 1870, CCQ).

The landlord may not refuse to give such consent without serious reason (Article 1871, CCQ).

If the landlord refuses to give such consent, he or she must inform the tenant thereof within 15 days after receiving the notice of assignment or sublease, otherwise he or she is deemed to have consented to the assignment or sublease (Article 1871, CCQ).

Termination of lease

A lease with a fixed term ends on the expiry of the term. A lease with an indeterminate term ends when it is terminated by one of the parties (Article 1877, CCQ).

A commercial lease with a fixed term may be renewed; such renewal may be tacit (Article 1878, CCQ). A commercial lease is renewed tacitly when the tenant continues to occupy the premises for more than 10 days after the expiry of the lease, without opposition from the landlord. In that case, the lease is renewed for one year, or for the term of the initial lease if it was less than one year, under the same conditions. The renewed lease is also subject to tacit renewal (Article 1879, CCQ).

The term of a commercial lease may not exceed 100 years and, if it does exceed that limit, it must be reduced to 100 years (Article 1880, CCQ).

The security given by a third party to secure the performance of the tenant’s obligations does not extend to a renewed lease (Article 1881, CCQ).

A party who intends to terminate a lease with an indeterminate term must give the other party notice to that effect (Article 1882, CCQ).

The term of the notice is of the same duration as the term fixed for payment of the rent, but may not be more than three months (Article 1882, CCQ).

Termination of lease due to non-payment of rent

A tenant against whom legal action is brought due to non-payment of rent may avoid the termination of the lease by paying, before judgment, the rent owing as well as costs and interest at the rate set in accordance with section 28 of the Tax Administration Act (chapter A‑6.002) or at any lower rate agreed with the landlord (Article 1883, CCQ).

Transfer of the property by the landlord

Voluntary or forced transfer of the leased property, or extinction of the landlord’s title for any other reason, does not terminate a lease (Article 1886, CCQ).

The buyer or the person who benefits from the extinction of title may terminate a lease, if the lease has an indeterminate term, in accordance with the usual termination rules mentioned above (Article 1887, CCQ).

If there are more than 12 months remaining from the date of the transfer or extinction of title, the buyer may terminate the lease upon expiry of the 12 months by giving the tenant six months’ prior written notice (Article 1887, CCQ). If the lease was registered at the registry office before registration of the deed of transfer or the deed by which the title is extinguished, the buyer may not terminate it (Article 1887, CCQ)

Generally speaking, in common law jurisdictions, if the lease is not registered, the tenant’s protection varies depending on whether the property is in the registry system or in the land titles system.

Part 2 to follow

In our next newsletter, we will discuss more specific cases, such as the consequences of an expropriation of the leased premises, the handing over of leased premises upon expiry of the lease, some specific considerations concerning lenders, taxes on capital, transfer duties, exclusivity provisions and purchase options.

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Free Lease Assignment Agreement

Create your free lease assignment agreement.

assign lease quebec

Your Lease Assignment Agreement

ASSIGNMENT OF LEASE WITH CONSENT OF LANDLORD

THIS ASSIGNMENT OF LEASE dated this ________ day of ________________, ________

_________________________

(the "Assignor")

OF THE FIRST PART

_______________________

(the "Assignee")

OF THE SECOND PART

IN CONSIDERATION OF the Assignor agreeing to assign and the Assignee agreeing to assume the Lease for the Premises, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

IN WITNESS WHEREOF the Assignor and Assignee have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

CONSENT OF LANDLORD

The Landlord in the above Assignment of Lease executed on the ________ day of ________________, ________, consents to that Assignment. The Landlord also agrees to the Assignee assuming after March 13, 2023, the payment of rent and performance of all duties and obligations as provided in the Lease.

Lease Assignment Information

Alternate names:.

A Lease Assignment is also called a/an:

A Lease Assignment can also be called a Commercial Lease Assignment or a Residential Lease Assignment depending on the type of property it is being used for. LawDepot's Lease Assignment can be used for residential or commercial properties.

What is a Lease Assignment?

A Lease Assignment transfers the rights and obligations of an existing lease from one tenant to another.

Who are the parties in a Lease Assignment?

Generally, there are two parties involved in a Lease Assignment:

Typically, a landlord does not sign the Lease Assignment itself, but their information may be included in the document and they may need to sign a consent allowing the assignor to assign the lease.

Why do I need a Lease Assignment?

A Lease Assignment is typically used when a tenant wishes to vacate a property before their lease expires . There are many reasons why tenants would need to use a Lease Assignment, for example:

What is included in a Lease Assignment?

Typically, a Lease Assignment will contain information regarding:

A Lease Assignment should also include a copy of the master lease (the original lease for the property, signed by the landlord and assignor) or a copy should be provided to the assignee for the assignee's records.

Is a landlord's consent required for a Lease Assignment?

You should have the consent of your landlord when you assign a lease.

The master lease may state whether a tenant is permitted to assign their lease and if consent is needed. However, if it does not, it is a good idea to speak with your landlord and create a Landlord's Consent to Lease Assignment before transfering the lease to a new tenant.

Who is liable in an assigned lease?

Your Rental Agreement may contain a clause about assignment and continuing liability. If it does not, the landlord usually decides whether the assignor will be responsible for damages or other breaches of the lease caused by the assignee (or the assignee's guests, clients, or customers).

The Lease Assignment should note whether the assignor is liable for the assignee's conduct (for instance, paying for property damages, missed rent payments, fines from not complying to noise ordinances, etc.). If the assignor has been released from liability, the landlord can only seek compensation for property damage or other lease breaches from the assignee.

In contrast, if the assignor remains liable under the original lease, then the landlord can seek recourse from both the assignee and assignor.

If the assignee is liable but the landlord tries to collect payment from the assignor, the Assignment Agreement will help protect the assignor by stipulating that the assignor can seek recourse from the assignee.

What is the difference between assigning and subletting a lease?

Both assignment and subletting involve finding a new tenant, but there are some key differences.

An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignor's place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.

A sublease is when the tenant temporarily hands over the rights and obligations of a lease to a third party by using a Sublease Agreement. Although the landlord typically isn't a party to the agreement, they can still hold the tenant responsible for the terms of the original lease.

Before deciding to assign or sublet your rental property, it's important to review your Lease Agreement (the master lease) for any rules and discuss your options with your landlord.

Related Documents:

Frequently Asked Questions:

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©2002-2023 LawDepot® (Sequiter Inc.). All Rights Reserved. About Us | Privacy Policy | Disclaimer LawDepot® is not a law firm and cannot provide legal advice. Use of this site is subject to our Terms of Use . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Your use of this site is subject to our Terms of Use , Disclaimer and Privacy Policy . LawDepot® is not a law firm and cannot provide legal advice. We provide information and software and you are responsible for appropriately using this material. ©2002-2023 LawDepot® (Sequiter Inc.). All Rights Reserved. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

©2002-2023 LawDepot® (Sequiter Inc.). All Rights Reserved. LawDepot® is not a law firm and cannot provide legal advice.

Use of this site is subject to our Terms of Use . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Your use of this site is subject to our Terms of Use , Disclaimer and Privacy Policy . LawDepot® is not a law firm and cannot provide legal advice. ©2002-2023 LawDepot® (Sequiter Inc.). All Rights Reserved.

Note: Your initial answers are saved automatically when you preview your document. This screen can be used to save additional copies of your answers.

Are lease transfer fees legal in Quebec?

Your landlord is right on the money. Most importantly, be polite to your landlord while dealing with these kind of situations. The goverment doesn’t set a LIMIT on the admin/transfer fee for a reason. Lease transfer admin fee is the cost associated with transfer to the new tenant.

How much is lease transfer fee Ontario?

Can I transfer my lease to someone else? Yes, General Motors Financial (GMF), who looks after finance and lease contracts, will facilitate a lease transfer providing there is more than 6 months remaining on the lease contract. The current fee for this is $594.95 including HST.

How do I transfer my apartment lease to someone else in NYC?

How to Assign Your Lease in New York

How can I break my lease in Victoria?

Breaking your agreement (lease) with costs Ending your agreement early is usually done by giving the rental provider (landlord) written notice of your intention to vacate, including advising of your vacate date, and handing back the keys when you move out. There is no minimum notice period in these circumstances.

Can a landlord refuse a lease transfer Quebec?

The landlord cannot refuse the assignment or sublet unless there is a good reason, such as the proposed tenant’s inability to pay the rent or problematic behavior of this tenant.

How do lease transfers work Quebec?

Lease transfer or assignment applies when the person who signs the lease does not intend to return to the apartment. The person hands over all his rights to the new tenant. Lease transfer releases the original tenant from all rights and responsibilities for the apartment, as of the date of the assignment.

Is lease transfer a good idea?

A lease takeover can be a great arrangement for both the person transferring a lease and for the person taking it over. The original lessee gets the lease payment off their hands, and you get the wheels you need — or want — without a long-term financial commitment.

Is swap a lease worth it?

A lease swap can be beneficial to everyone involved. The person getting rid of the lease can move on, and the person assuming the lease can meet a temporary vehicle need, potentially at a lower overall cost than a long-term lease or a car purchase.

How do lease transfers work?

A lease transfer allows one person to transfer their lease contract to another person. By doing so, the new lessee is responsible for the remainder of the payments per the terms of the original contract. A vehicle lease transfer could save you thousands of dollars over the traditional means of obtaining a vehicle.

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assign lease quebec

The main steps of leasing a dwelling

When you live in a rented dwelling (as lessee), feeling at home is crucial. Likewise, when you lease a dwelling that you own (as lessor), you want your property to be in the hands of responsible tenants. What are the specific aspects of residential leasing? And how can a broker help you sort out what your obligations are versus those of the other party?

Residential leasing is a transaction that requires the signing of a residential lease; it can involve a house, an apartment, or a room.

Important : Rules are different for the leasing of commercial or vacation properties.

THE ROLE OF THE BROKER

The Real Estate Brokerage Act and the regulations thereunder also apply to leasing. The broker has the same duty to verify, inform and advise whether the transaction concerns the leasing, purchase or sale of a property.

A broker who offers residential leasing services must have additional knowledge specific to this field. He must be familiar and comply with the Real Estate Brokerage Act , the Act respecting the Tribunal administratif du logement , as well as the rules that apply under the Civil Code of Québec . He also has a duty to advise his client regarding all the above legislation.

In addition, he takes care of all the steps involved in the transaction:

It is important to know that the real estate broker represents the party to which he is bound by contract. However, he also has a duty to treat the other party fairly. He must find a happy medium in every situation, and contribute to the successful signing of a lease.

Remuneration

The broker’s rate or percentage of remuneration is not fixed by the Real Estate Brokerage Act or by the OACIQ, nor by any law for that matter, whether it concerns a purchase, sale or lease.

Rather, remuneration is based on free competition. It all depends on the broker’s business model. This is something you must discuss with your broker, since these terms will become part of your brokerage contract.

MAIN OBLIGATIONS OF THE LESSOR AND THE LESSEE

Whether you are a lessor or a lessee, it is recommended to visit the Tribunal administratif du logement website and to read the following leaflets:

You can also check out the Educaloi website, which explains the applicable rules from the Civil Code of Québec and provides a lot of information on the obligations of the lessor and the lessee.

WHAT ABOUT CO-OWNERSHIP PROPERTIES? (CONDOS)

Condo leasing is becoming more and more common. But did you know that, even as a tenant, you must abide by the rules set out in the property’s by-laws? For example, these rules may restrict the use of certain common portions or of the elevator (on moving days), or they may prohibit animals. The broker can make things easier for you, whether you are the leasing owner or the tenant.

As part of a residential lease, the broker must use certain mandatory forms. Keep in mind, however, that these forms may not be used for subleasing .

WHAT ABOUT SUBLEASING?

Whereas the leasing of a residential dwelling binds the lessor to the lessee, subleasing binds the lessee to a sublessee. The OACIQ has created two forms that the broker can use for subleasing a dwelling.

These forms are not to be used for the assignment of a lease, by which the lessee is fully released from his lease by assigning his rights and obligations to the assignee.

For more information on the difference between a lease assignment and a sublease, please refer to the following leaflet on the Tribunal administratif du logement website:

Assigning your lease or subletting?

Also check:

Checking a broker's record

The Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) ensures the protection of members of the public who enlist the services of real estate brokerage professionals governed by the Real Estate Brokerage Act .

Being a Lessee

Being a lessor

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Category Frequently asked questions

Frequent questions

The Dwelling

Signing a lease

Renewal of the lease and fixing of rent

Termination of a lease

Lessor’s right to terminate a lease

Assignment of a lease or subleasing

Assignment of lease agreement and notice to sublet the dwelling

Conversion to divided co-ownership

Filing an application

Conciliation between lessor and lessee

Conciliation process

For Lawyers

Models of notices

Calculation for rent increase

Calculation 2023 Tool

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Other services

Tribunal administratif du logement

Change language

The lease forms are on sale at offices of the Tribunal administratif du logement, in bookstores and through Publications du Québec (1 800 463-2100). The lease form can also be purchased online on the website of Publications du Québec .

A lease is a contract

A lease is a contract concluded between a lessor and a lessee that defines their respective commitments concerning a dwelling.

The lease form of the Tribunal administratif du logement is mandatory since September 1, 1996. It must be used for any new residential lease whether it is a room, an apartment, a condominium, a house, etc.

Also the schedule Services offered to the lessee by the lessor must be completed when there are additionnal services to those indicated in the lease (e.g., Private seniors' residence). Leases that include that schedule are sold at the offices of the Tribunal administratif du logement.

Leases for special clienteles

If it is land that is rented and intended for the installation of a mobile home then the lease form to complete is the form Lease of land intended for the installation of a mobile home . This form is available at the offices of the Tribunal.

If it is a dwelling in a cooperative that is rented then the lease form to complete is the form Lease of a dwelling in a cooperative . This form is available at the offices of the Tribunal as well as at the offices of housing co-ops.

Please note that there is also the lease form pertaining to rental of low-rental housing and the lease form pertaining to a rental of a dwelling to a student by an educational institution .

In the case of a verbal lease

In that case, the lessor must give the lessee a form entitled Mandatory writing within ten days of the agreement. This form is sold at the offices of the Tribunal administratif du logement.

IMAGES

Quebec Lease Form Pdf
Licence to Assign a Lease Template
Commercial Lease
Agreement to Assign Proprietary Lease of Cooperative Apartment and Membership Form Online
Form RDL-802A-E Download Fillable PDF or Fill Online Notice to Assign the Lease Quebec Canada
Agreement by Lessee to Assign Lease with Consent of Lessor

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COMMENTS

Lease
Assignment of a Lease or Subleasing Information from the Tribunal administratif du logement A tenant who wishes to leave their dwelling during the period covered by the lease can assign their lease. If they want to have the possibility of coming back to live in the dwelling, they can sublet it.
Assignment of a lease or subleasing
Lease Assignment of a lease or subleasing The lessee may sublet the dwelling, in whole or in part, or assign the lease. The lessee must then notify the lessor of that intention in writing. The lessor may not refuse to consent to the sublease or assignment without a serious reason.
Assignment of lease agreement and notice to sublet the dwelling
If there is no agreement, the lessee has two choices: they can assign their lease or sublet their dwelling to another person. Exceptions It should be noted that you cannot assign your lease or sublet your dwelling if: You are a student renting a dwelling at an educational institution. You are a lessee in low rental housing.
Assigning a Lease or Subletting
If you are in a situation that lets you assign your lease or sublet you must send your landlord a notice of assignment or sublet, once you have found a potential tenant. This notice must include the name and address of the potential tenant and the projected date for the assignment or sublet.
How to Sublet or Transfer a Lease in Quebec
How to assign a lease Once you find someone interested in assuming your lease, you and that person (the assignee) need to sign a written agreement, called an assignment of lease agreement. You must then provide the lessor with written notice, called a notice of lease assignment.
Subletting or assigning a lease
The new tenant, called the assignee, will be required to pay the same rent that the original tenant was paying, and the terms of the original lease will apply. If a tenant wants to assign a lease, he or she is first required to make a written request for the landlord's approval.
Moving before the lease ends
Lease of 12 months or more: 3 to 6 months before the end, Lease of less than 12 months: 1 to 2 months before the end, Lease with an indeterminate term: 1 month before your departure if you pay a monthly rent. For example, for a one-year lease ending on June 30, you must send the notice to your landlord between January 1 and March 31.
Assign to a new tenant
Assigning means that the new tenant replaces you and takes over your rental agreement. The amount of rent and all other details of the agreement stay the same. You are not responsible if the new tenant causes damage or owes rent. But when you assign, you do not have the right to move back in later.
Ending a Commercial Lease
The tenant may assign their lease, sublet their premises, or agree with the landlord to end the lease early. Sublet or assign the lease. The lease may provide a specific procedure for doing so. Generally, the tenant must notify the landlord that they want to assign or sublet the premises.
Commercial Leases in Québec (Part 1 of 2)
For a commercial lease to be registered in Québec, it must include an appropriate cadastral description of the leased property (Article 2981, CCQ). It may be registered by presenting the lease itself in full, by presenting a summary of the lease or simply by means of a notice (Article 2982, CCQ).
Renting
Lessor and Lessee. Rights and obligations of owners and tenants of housing; noise, sanitation, payment of rent, work and repairs in a dwelling, etc. Show more.
Commercial leases and the Civil Code of Québec
A tenant may sublease all or part of the leased premises or assign the lease. In either case, the tenant must give notice of its intention to the landlord along with the name and address of the intended subtenant or assignee, and must obtain the landlord's consent, which cannot, however, be withheld without a serious reason.
Lease Assignment Form
Generally, there are two parties involved in a Lease Assignment: The Assignor: this is the tenant(s) listed on the property's current lease (the master lease) who, using the Lease Assignment Form, is transferring their rights and obligations from themselves to another tenant The Assignee: this is the tenant who is taking over the original tenant's (the assignor's) rights and obligations
Are lease transfer fees legal in Quebec?
How do lease transfers work Quebec? Lease transfer or assignment applies when the person who signs the lease does not intend to return to the apartment. The person hands over all his rights to the new tenant. Lease transfer releases the original tenant from all rights and responsibilities for the apartment, as of the date of the assignment.
Leasing
The OACIQ has created two forms that the broker can use for subleasing a dwelling. Exclusive brokerage contract - Residential sublease. Promise to sublease - Residential immovable. These forms are not to be used for the assignment of a lease, by which the lessee is fully released from his lease by assigning his rights and obligations to the ...
Modify the lease of a land
A lease modification require a rent review, especially where it involves a change of lot size or a change of use. If your application is accepted, a new lease will be issued and you must pay the following amounts: An administrative fee for issuing the lease of $420.81 (including GST and QST) The first year's rent
What is a lease?
A lease is a contract concluded between a lessor and a lessee that defines their respective commitments concerning a dwelling. The lease form of the Tribunal administratif du logement is mandatory since September 1, 1996. It must be used for any new residential lease whether it is a room, an apartment, a condominium, a house, etc. Also the ...