Article 1872 C.c.Q.: Reasonable expenses for a sublet or assignment

A lessor who consents to the sublease of the property or the assignment of the lease may not exact any payment other than the reimbursement of any reasonable expenses resulting from the sublease or assignment.

Civil Code of Québec, art. 1872 C.c.Q.

What this article means

Article 1872 limits what a landlord can ask of a tenant when they consent to a sublet or an assignment of the lease. The landlord can only claim reimbursement of the reasonable expenses that flow directly from the sublet or assignment: for example, the actual cost of a credit check if one is done, or the cost of amending the lease.

What the landlord can NOT charge: arbitrary "administrative fees," a premium for accepting the assignment, an "entry fee" for the new tenant, or any other amount that doesn't correspond to a real, reasonable expense. Any sum demanded beyond what can be justified breaks article 1872.

This rule guards against practices where some landlords try to profit from an assignment request by demanding improper sums or to discourage the tenant from going ahead. If the landlord demands an excessive payment, the tenant can refuse to pay and keep their assignment request in place.

What it means for you

If you are a tenant

If your landlord accepts your request to assign or sublet but asks for "fees" in exchange, ask them to itemize each expense. They can only claim real, reasonable expenses: not a flat "administrative fee" or an acceptance premium.

If you find the amount demanded unreasonable, refuse to pay and go ahead with the assignment. If the landlord disputes it, the TAL (Tribunal administratif du logement) will decide. The case law recognizes that chargeable fees are very limited.

If you are a landlord

Only claim the real, reasonable expenses tied directly to the assignment or sublet: an actual credit check, the cost of amending the lease. Don't charge flat "administrative fees" or acceptance premiums: those practices are unlawful.

If you claim reimbursement, document each expense and produce the receipts. A transparent request will be accepted without dispute; a vague or inflated one will lead to a needless conflict.

Related articles

• Article 1870 C.c.Q.: The right to sublet or assign your lease
• Article 1871 C.c.Q.: The landlord's refusal: serious reason and the 15-day deadline
• 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