Article 1978.2 C.c.Q.: Refusing an assignment without a serious reason: resiliation by operation of law (Law 31)

A lessor who is given notice of the lessee’s intention to assign the lease may refuse to consent to it for a reason other than a serious reason referred to in the first paragraph of article 1871. In such a case, the lease is resiliated on the date of assignment indicated in the notice sent by the lessee.

Civil Code of Québec, art. 1978.2 C.c.Q.

What this article means

Article 1978.2, introduced by Law 31 in 2024, fundamentally changes what happens when a landlord refuses an assignment of the lease without a serious reason. Before, when the landlord refused without a serious reason, the tenant stayed bound by the lease and had to take legal steps to challenge the refusal. Now, the lease is resiliated by operation of law on the assignment date set out in the tenant's notice.

This reform targets a widespread practice: landlords would routinely refuse assignments to force the tenant out and then re-rent the home at a much higher rent, sidestepping the protection of article 1950. By making the resiliation automatic, the legislature strips the landlord of the financial gain they were seeking through their refusal.

Here's how it works: if the tenant proposes an assignee and the landlord refuses for a reason other than a serious reason under article 1871, the lease is automatically terminated on the assignment date stated in the tenant's notice. The tenant is released from their obligations without penalty and without any court proceeding. This rule applies only to an assignment of the lease, not to a sublet.

What it means for you

If you are a tenant

Law 31 significantly strengthens your position. If you propose a reasonable assignee and the landlord refuses without a serious reason, you are automatically released from the lease on the assignment date set out in your notice. You don't need to go before the TAL (Tribunal administratif du logement) to obtain that resiliation.

To make the most of this protection: propose an assignee who presents well (enough income, positive references, the ability to pay the rent), state the assignment date clearly in your notice, and keep proof that you sent it. If the landlord claims to have a serious reason, the question could go before the TAL, but the burden of proof is on them.

If you are a landlord

Law 31 changes the dynamics of an assignment of the lease in a meaningful way. A refusal without a serious reason no longer lets you keep the current tenant: the lease is resiliated by operation of law and the home becomes vacant. You lose the continuity of the tenancy with no financial gain.

Assess every assignment request carefully. If the candidate is solvent and reasonable, consenting is generally in your interest: you keep a tenant, avoid a vacancy, and preserve a stable relationship. Only refuse if you have a genuinely serious, documented reason under article 1871.

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