Assignment of a Lease or Sublease of a Dwelling

Assigning a Lease or Subletting a Dwelling

To assign a lease or sublet a dwelling, a lessee must notify the lessor in writing. The Régie du logement provides the model forms Notice to Assign the Lease and Notice to Sublet the Dwelling, drawn up for this purpose, as they meet the statutory requirements.  It is strongly recommended that they be used.

Furthermore, it is recommended to enter into a written agreement with the person who is interested in the dwelling (assignee or sub-lessee), conditional on the lessor’s consent.
In the case of an assignment of a lease, the Régie du logement strongly recommends using the model
assignment of Lease Agreement form it has drawn up for this purpose, as it meets the statutory requirements. 
All relevant information on the dwelling must be provided to the assignee before the contract is signed, such as a notice of rent increase or the buildings regulations.
In the case of a sub-lease, the lessee must us the form Lease of a Dwelling and replace the words “lessee” and “landlord” by “sub-lessee” and “sub-lessor”, respectively.
The form Lease of a Dwelling is sold by the Régie du logement, Publications du Québec and its sales outlets as well as some bookstores and convenience stores.
The sub-lease contract must reproduce the main obligations in the lease (ex. snow removal) or refer to them.
In the latter case, the sub-lessor must provide a copy of the main lease to the sub-lessee.
The sub-lessor must provided the sub-lessee with a copy of the building’s regulations, if any.
Proof of delivery
The Régie recommends that notices between lessors and lessees be provided in one of the following ways: 
  • By registered mail;
  • By hand (obtain an acknowledgement of receipt)
  • By bailiff;
  • By any other means providing proof that that the notice has been sent and received
In the event of a hearing, proof that a notice has been sent and received may be required.

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