Article 1871 C.c.Q.: The landlord's refusal: serious reason and the 15-day deadline

The lessor may not refuse to consent to the sublease of the property or the assignment of the lease without a serious reason. If he refuses, he is bound to inform the lessee of his reasons for refusing within 15 days after receiving the notice; otherwise, he is deemed to have consented.

Civil Code of Québec, art. 1871 C.c.Q.

What this article means

Article 1871 sets the rules for a landlord's refusal of an assignment of the lease or a sublet. Two core requirements: the refusal must be based on a serious reason, and it must be communicated within 15 days of receiving the tenant's notice. If the landlord stays silent during that window, they are deemed to have consented.

Serious reasons recognized by the courts include: the candidate's apparent inability to pay, a number of occupants beyond the home's capacity, a verified history of serious tenancy problems, or the candidate's intention to use the home for non-residential purposes. Not serious reasons: wanting to raise the rent, personal bias, or simply wanting to pick your own tenant.

Since Law 31 (2024), refusing without a serious reason carries a major consequence: for an assignment of the lease, the lease is resiliated by operation of law on the planned assignment date (article 1978.2). A landlord who refuses without a serious reason therefore loses their current tenant without being able to impose their terms on a new one.

What it means for you

If you are a tenant

If the landlord refuses your request to assign or sublet, read the reasons they give closely. If they seem unfounded or discriminatory, you can challenge the refusal. Since Law 31, a refusal of an assignment without a serious reason means the lease is resiliated by operation of law on the planned assignment date (article 1978.2): you're then released from the lease without penalty.

If the landlord doesn't respond at all within 15 days, they are deemed to have consented. Document the dates you sent your notice and when it was received, so you can prove the deadline passed if you need to.

If you are a landlord

Respond within 15 days, or you are deemed to have consented. If you refuse, your reasons must be serious, objective, and documented. A vague refusal, or one based on a gut feeling, will likely be found unjustified.

Since Law 31, the consequences of an unjustified refusal are harsher: for an assignment, the lease is resiliated by operation of law (article 1978.2), and you lose the current tenant without being able to impose your terms on a new one. Assess each candidate objectively and accept reasonable ones.

Related articles

• Article 1870 C.c.Q.: The right to sublet or assign your lease
• 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