Do you need to leave your home temporarily or permanently before the end of your lease? Two options are available to you: subletting and assigning your lease. Here's what you need to know to make the right choice.
What is subletting?
- You remain responsible for the lease.
- Another person (the subtenant) is temporarily occupying your home.
- You must return at the end of the sublet.
- You remain responsible for paying the rent and any damages.
Example: You are going on an internship abroad for 4 months and want to rent out your apartment during your absence.
What is assigning your lease?
- You end your lease by transferring all your rights and responsibilities to another person (the assignee).
- The new tenant completely replaces your position in the lease.
- You no longer have any responsibilities related to the accommodation after the assignment.
Example: You are moving to another city and do not wish to return.
Conditions and Procedures
- In both cases, you must request written permission from the landlord.
- The landlord cannot refuse without a serious reason, such as the insolvency of the new tenant.
- It is recommended to:
- Introduce the new tenant (name, occupation, income)
- Give reasonable notice (e.g., 30 days)
To Avoid
- Never proceed without notifying the landlord: this could result in termination of the lease or legal action.
- Do not sign a private agreement without clear documentation.
Quebec: Specific Rules
- The Tribunal administratif du logement regulates these practices.
- In the event of unjustified refusal by the landlord, you can refer the matter to the TAL to assert your rights.
In Summary
Subletting = temporary, you remain responsible.
Assignment of lease = permanent, you transfer your rights.
In all cases, make sure you obtain the landlord's written consent and properly document the agreement to avoid misunderstandings.
➡️ Continue to read: 10. Renting an Apartment with a Pet
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