Sous-louer légalement, étape par étape.
1. Subletting or lease assignment: pick the right word
First, tell apart two things people often confuse:
- Subletting — you temporarily leave your home and someone else lives there for a period, after which you intend to return; the lease stays in your name.
- Lease assignment (cession de bail) — you leave permanently and transfer your lease to another person, who becomes the new tenant in your place.
Both are allowed in Quebec, but the rules differ. This guide focuses on subletting.
| Criterion | Subletting | Lease assignment (cession) |
|---|---|---|
| Your departure | Temporary — you intend to return | Permanent — you leave for good |
| Whose name is on the lease | Stays yours | Transfers to the new tenant |
| Responsibility for the lease | You remain responsible | You're released once it's done properly |
| Landlord's role | Can't refuse without a serious reason | Can't refuse without a serious reason |
| Use it when | You'll be away a few months | You want to leave before the lease ends |
2. You have the right to sublet
Good news: a tenant has the right to sublet their home. The landlord cannot forbid it without a serious reason. You must, however, notify them in writing of your intention, stating the name and address of the interested person and the planned date of the sublet. A lease clause that flatly bans all subletting generally doesn't hold up in law.
3. The 15-day deadline
Once your notice is sent, the landlord has 15 days to respond. If they refuse, they must give a serious reason, otherwise the refusal isn't valid. Very important: if the landlord doesn't respond within 15 days, the law considers they accepted. The sublet can't take effect before that period ends, though. Send your notice by a method that leaves proof, and keep a copy of everything.
4. The steps to sublet correctly
Here's the procedure.
First, find a trustworthy subtenant. Then notify your landlord in writing — name, address and date — and wait out the 15-day period. Next, put a written sublet agreement in place stating the rent, duration and the unit's condition, ideally with photos. Do a move-in and move-out inventory. And remember you take on a landlord's obligations toward your subtenant: a clean, habitable home. The TAL offers a sublet-notice template.
5. A word on lease assignment
If you're leaving for good, lease assignment is often more advantageous than subletting, because the new tenant fully replaces you and you're no longer responsible for the home after the assignment. The procedure resembles subletting — written notice to the landlord, a response period — but the rules have changed recently, so check the current procedure on the TAL site or with a housing committee before committing.
6. Frequently asked questions
Here are the most common questions about subletting: can you sublet part of the home, can the landlord really refuse, and who pays if there's a problem.
Can the landlord refuse my sublet?
Only with a serious reason — for example, a genuinely problematic subtenant. He can't refuse just because he'd prefer a new lease at a higher rent. If he stays silent past 15 days, it counts as acceptance. If you think a refusal is unjustified, a housing committee or the TAL can help.
Can I sublet just one room?
Renting out a room while you still live there is a different situation from subletting the whole unit, and it has its own considerations — including the landlord's rules and your lease. If you're looking to rent or find a room, see our guide on renting a room. When in doubt, ask a housing committee.
If the subtenant doesn't pay, who's responsible?
You are. In a sublet, you remain responsible to your landlord for the rent and the unit. That's why a written agreement, a deposit-free but documented arrangement, and choosing a reliable person matter so much. If you want to fully exit responsibility, lease assignment is the better route.
7. See also
These related guides may be useful:
- Signing a lease in Quebec — the basics of the lease.
- Tenant rights in Quebec — your full protections.
- Renting a room — if that's the right formula for you.
8. Official sources
For the official rules and forms, see:
Author's Note: subletting is simple if you respect three things — notify the landlord in writing, wait the 15-day period, and never charge more than your own rent. Put the agreement in writing and choose your subtenant well: you stay responsible to the end.
