Assignment of a Lease or Sublease of a Dwelling
Régie du logement
ClienteleLessees of a dwelling.
RestrictionsA dwelling cannot be assigned or sublet if:
To assign a lease or sublet a dwelling, a lessee must notify the owner in writing. The Régie du logement strongly recommends using the models Notice to assign the lease form or the Notice to sublet the dwelling form, drawn up for this purpose, as they meet the statutory requirements.
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.
In the case of a sublease of a dwelling, the lessee must use the Lease of a Dwelling form and replace the words “lessee” and “landlord” by “sub-lessee” and “sub-lessor” respectively. Before an agreement to assign a lease or sublet a dwelling is signed, all relevant information on the dwelling, such as a notice of rent increase, must be provided to the assignee or sub-lessee. Proof of deliveryThe Régie recommends that notices between lessors and lessees be provided in one of the following ways:
In the event of a hearing, proof that a notice has been sent and received may be required.
Where the lessor agrees to the assignment of a lease or a sublet, he or she has the right to demand that the lessee cover certain reasonable expenses, such as the cost of a credit check.
The notice to be sent to the lessor must contain the following information:
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