Lease assignment in Quebec: the full process, the assignment notice, and official sending
How to assign your lease, step by step
1. Find the person who will take over your lease
The assignee takes over your lease on the same terms: same rent, same obligations. Choose someone solvent, with references: a solid candidate reduces the landlord's possible serious reasons for refusal to almost nothing.
2. Fill in the assignment notice: the official TAL form
The notice is mandatory (art. 1870 C.c.Q.). It must contain the candidate's name and address and the planned assignment date, and be written in the language of your lease. Download the official TAL form below. Alternatively, the completed assignment agreement, which contains the same information, can serve as the notice if it is sent to the landlord.
3. Send the notice officially: this is the critical step
The landlord's 15-day response window runs from RECEPTION of the notice, and silence counts as consent. Without proof of receipt, there is no way to establish when the clock started, or to invoke deemed consent or automatic resiliation. Send the notice by a method that generates proof: certified email, registered mail or bailiff.
4. Get the response, then sign the assignment agreement
Three possible outcomes: the landlord accepts (or doesn't respond within 15 days (deemed consent), refuses for a serious reason (the lease continues), or refuses without a serious reason) in which case the lease is resiliated by operation of law on the date stated in your notice (art. 1978.2, Law 31). Once consent is obtained, sign the assignment agreement with the assignee.
The official documents to download
Two documents are all a lease assignment takes: the notice to the landlord, then the agreement between you and the assignee. Use the Tribunal administratif du logement's official forms, free and up to date, and note that the completed agreement can itself serve as the notice.
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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Lease assignment or sublet: what's the difference?
An assignment transfers the lease completely to a new tenant (the assignee), who takes the former tenant's place with the same rights, the same obligations and (crucially) the same rent. Once the assignment is done, the former tenant is completely released (article 1873 C.c.Q.).
A sublet does not release the main tenant: if the subtenant doesn't pay or causes damage, the main tenant answers for it. Subletting suits temporary absences (an internship, a trip, an exchange semester); an assignment is the right choice for leaving for good. The notice process is the same in both cases: including the importance of proof of receipt.
Can the landlord refuse?
The landlord can only refuse for a serious reason, communicated in writing within 15 days of receiving the notice. Recognized serious reasons: the candidate's apparent inability to pay, a number of occupants beyond the home's capacity, or a verified history of serious tenancy problems. Not serious reasons: wanting to raise the rent with a new tenant, personal bias, or wanting to pick their own tenant.
Since Law 31 (2024), refusing without a serious reason has a major consequence: article 1978.2 C.c.Q. provides that the lease is resiliated by operation of law on the assignment date stated in your notice. You are then released with no further steps: one more reason the reception date of your notice must be provable.
- 15 days to respond, counted from reception of the notice
- Landlord's silence = deemed consent
- Refusal with a serious reason: the lease continues
- Refusal without a serious reason: lease resiliated by operation of law on the notice date (art. 1978.2)
- Only reasonable expenses actually incurred can be charged to you (art. 1872)
Frequently asked questions
Can the landlord refuse the lease assignment?
Yes, but only for a serious reason, communicated in writing within 15 days of receiving the notice. If the landlord doesn't respond within that time, they are deemed to have consented (art. 1871 C.c.Q.). Since Law 31, if they refuse for a reason other than a serious one, the lease is resiliated by operation of law on the assignment date stated in your notice (art. 1978.2 C.c.Q.): you are then released with no further steps. That's why being able to prove the notice's reception date matters so much.
How should I send the notice of lease assignment?
By any method that proves reception: certified email with a timestamped proof, registered mail or bailiff. Proof of receipt is essential because the landlord's 15-day window (and deemed consent in case of silence) run from reception. A text message or ordinary email risks being disputed.
Can my landlord charge fees to accept the assignment?
Only reimbursement of reasonable expenses actually incurred, such as a credit check (art. 1872 C.c.Q.). Flat "administrative fees" or an acceptance premium are unlawful.
Can I use the assignment agreement 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 official TAL form provides for this option: the assignment is then conditional on the landlord's acceptance within 15 days of reception. Keep proof of the reception date.
Does the new tenant pay the same rent?
Yes. The assignee takes over the lease on the same terms, including the rent. That's what makes assignment an important tool against rent hikes between tenants.
Am I responsible if the assignee doesn't pay?
No. For a residential lease, the assignment releases you completely from your obligations (art. 1873 C.c.Q.). That's the big difference with subletting, where you remain responsible.
What happens if the landlord doesn't respond to my notice?
If they don't respond within 15 days of receiving the notice, they are deemed to have consented to the assignment. You can then proceed on the stated date, which is why being able to prove the reception date matters so much.
The forms above come from the Tribunal administratif du logement. Locato does not provide legal advice.