Notice of lease assignment: the form, its content, and how to send it
What the assignment notice must contain
The notice is the central document of a lease assignment. Article 1870 of the Civil Code of Québec requires the tenant to give the landlord notice of their intention, provide the name and address of the intended assignee, and obtain the landlord's consent.
The TAL form adds the planned assignment date. That date matters: since Law 31, if the landlord refuses without a serious reason, article 1978.2 C.c.Q. provides that the lease is resiliated by operation of law on the assignment date stated in the notice. Write the notice in the language of your lease.
- Your name and the address of the dwelling
- The name and address of the person taking over the lease (the assignee)
- The planned assignment date
- A statement that you are asking for the landlord's consent
The official form and agreement, free
The Tribunal administratif du logement publishes two forms: the assignment notice (TAL-802) and the assignment agreement (TAL-817). They are free, up to date, and consistent with the Civil Code. The completed agreement can itself serve as the notice if it contains the required information.
The step that decides everything: the notice must reach the landlord
Their 15-day window runs from reception, and their silence counts as consent: without proof of receipt, none of that can be established. Locato sends your notice (or your agreement serving as notice) by certified email with a timestamped proof, in 2 minutes, for $14.99. The official TAL forms are just below.
Send with proof of receiptOfficial TAL form
Notice of lease assignment (TAL-802A)
The notice to send the landlord, per articles 1871 and 1978.2 of the Civil Code: the assignee's name and address and the planned assignment date. The TAL form itself says it: keep a copy and proof that the served notice was received.
Official TAL form
Assignment of lease agreement (TAL-817A)
The agreement between you (assignor) and the person taking over the lease (assignee): transfer of rights and obligations, declarations, handover of the lease documents.
Good to know: the agreement can serve as the notice
If the completed assignment agreement contains the assignee's name and address and the planned assignment date, you can send it directly to the landlord as notice of your intention. The official form provides for exactly this: the assignment is then conditional on the landlord's acceptance within 15 days of reception. One transmission, both documents handled: provided you can prove the reception date.
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Do you have to use the TAL form?
No. The law requires a written notice containing the information listed in article 1870, not a particular form. A letter stating your intention, the assignee's name and address, and the planned date is valid. The TAL form remains the recommended route: it covers every required element and avoids omissions that slow things down.
Sending it: the 15-day window runs from reception
Article 1871 C.c.Q. gives the landlord 15 days from receiving the notice to communicate reasons for refusing. If they fail to do so, they are deemed to have consented. Everything therefore rests on a provable reception date: without it, there is no way to establish when the window started, deemed consent, or resiliation by operation of law.
Send the notice by a method that produces proof of receipt: certified email with a timestamped proof, registered mail, or a bailiff. A text message or ordinary email risks being disputed.
Frequently asked questions
Is the notice of lease assignment mandatory?
Yes. Article 1870 C.c.Q. requires the tenant to give the landlord notice of their intention, provide the name and address of the intended assignee, and obtain the landlord's consent. It is also the reception of this notice that starts the 15-day window and deemed consent (art. 1871 C.c.Q.).
Can I write the notice myself instead of using the form?
Yes. The law requires a written notice with the required information, not a specific form. The official TAL form is simply the safest way to leave nothing out. Either way, keep a copy and proof of the reception date.
Can the assignment agreement serve as the notice?
Yes. If the completed assignment agreement contains the assignee's name and address and the planned assignment date, sending it to the landlord counts as notice of your intention. The TAL-817 form provides for this option: the assignment is then conditional on the landlord's acceptance within 15 days of reception.
What happens after the notice is sent?
The landlord has 15 days from reception to refuse by communicating a serious reason (art. 1871 C.c.Q.). If they do not respond, they are deemed to have consented. If they refuse without a serious reason, the lease is resiliated by operation of law on the assignment date stated in your notice (art. 1978.2 C.c.Q.).
How do I prove the reception date of the notice?
By a sending method that generates proof: certified email produces a timestamped proof of receipt consistent with the LCCJTI, registered mail produces a signed acknowledgment, and a bailiff produces a certificate of service. The admissibility of any evidence is weighed case by case by the judge.