Article 1870 C.c.Q.: The right to sublet or assign your lease
A lessee may sublease all or part of the leased property or assign the lease. In either case, he is bound to give the lessor notice of his intention and the name and address of the intended sublessee or assignee and to obtain the lessor’s consent to the sublease or assignment.
Civil Code of Québec, art. 1870 C.c.Q.
What this article means
Article 1870 establishes a tenant's right to sublet their home or assign their lease. This right isn't absolute: it requires the landlord's consent and comes with an obligation to give notice first. The tenant must tell the landlord of their intention, provide the name and address of the proposed assignee or subtenant, and obtain consent before going ahead.
Subletting and assignment of the lease are two different tools. A sublet means the main tenant keeps their lease and sublets to someone else for a set period (often during a trip or an internship). The main tenant stays responsible to the landlord. An assignment of the lease, on the other hand, transfers the lease to a new tenant who takes the original tenant's place with the same rights and obligations.
The difference matters because it affects what happens to the rent. With an assignment of the lease, the assignee keeps the same rent, which protects against steep increases between tenants. It's a powerful way to keep rents affordable in a tight market. The landlord can only refuse the assignment or sublet for a serious reason (article 1871).
What it means for you
If you are a tenant
To sublet or assign your lease, send the landlord a written notice that clearly states your intention, the candidate's name and address, and the terms you have in mind. Keep proof that you sent it and that it was received. The landlord then has 15 days to respond (article 1871).
An assignment of the lease is often the best way to leave your home before the lease ends without penalty: the new tenant takes your place at the same rent. With a sublet, you stay responsible to the landlord, so choose your subtenant carefully.
If you are a landlord
When a tenant notifies you that they intend to sublet or assign their lease, you need to assess the proposed candidate and respond within 15 days (article 1871). You can't refuse simply because you'd like to raise the rent with a new tenant.
You can ask for reasonable information about the candidate (income, references). Assess each candidate objectively. If you refuse an assignment without a serious reason, the consequences set out by Law 31 apply (article 1978.2): the lease is resiliated by operation of law on the planned assignment date.
Related articles
- Article 1871 C.c.Q.: The landlord's refusal: serious reason and the 15-day deadline
- Article 1872 C.c.Q.: Reasonable expenses for a sublet or assignment
- Article 1978.2 C.c.Q.: Refusing an assignment without a serious reason: resiliation by operation of law (Law 31)
- Article 1873 C.c.Q.: The effects of assigning a lease
- Article 1876 C.c.Q.: A subtenant's recourse against the landlord
- Article 1944 C.c.Q.: Ending a lease after a long sublet