Régie du logement
A lessee who wishes to vacate a dwelling before the lease expires may assign the lease or sublet the dwelling. The lessee must notify the lessor and the lessor must give his or her consent. The lessor cannot refuse consent without serious cause. Assigning a lease or subletting a dwelling does not constitute resiliation of the lease, possible only in cases provided for by law.
Assignment of a LeaseIf a lessee wishes to vacate a dwelling permanently before the lease expires, the lessee may assign the lease to another person. The lessee is then said to be the assignor and the person to whom the lease is assigned, the assignee. When a lease is assigned, the assignor:
When a lease is assigned, the assignee:
Sublease of a dwellingIf a lessee wishes to vacate a dwelling temporarily while the lease is in effect, the lessee may sublet the dwelling. He or she then becomes the sub-lessor and the dwelling is temporarily occupied by a sub-lessee. When a dwelling is sublet, the sub-lessor:
When a dwelling is sublet, the sub-lessee
The sub-lessee must contact the sub-lessor if he or she considers that the lessor is not fulfilling his or her obligations. The sub-lessor
Recourse available to a lessee in the event of refusal by the lessorIf a lessee considers that the lessor’s refusal to assign a lease or sublet a dwelling is not justified, the lessee can exercise recourse before the Régie du logement and request that it rule on the lessor’s reasons or resiliate the lease. If the Régie determines that the lessor’s refusal is unfounded, it may declare that the assignment or the sublet is valid. Once recourse has been exercised, both parties (the lessor and the lessee) have to prepare for a hearing before the Régie du logement.
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