The short answer
Since February 21, 2024 (Bill 31), a landlord who receives a notice of assignment has 15 days to answer[1][2]. The landlord can accept, refuse for a serious reason (the lease continues) or refuse for another reason: the lease is then terminated on the assignment date given in the notice[1][2]. Without an answer within 15 days, the landlord is deemed to have accepted[1].
Assignment or sublease: the difference
An assignment transfers the lease to another person, the assignee, who becomes the tenant in your place. It releases the former tenant from their obligations; in a dwelling lease, it is not possible to agree otherwise[1][2].
A sublease lets another person occupy the dwelling, but you remain the tenant and responsible to the landlord. The new option to refuse and terminate does not apply to a sublease[2].
The notice of assignment
The tenant must notify the landlord in writing and give the name and address of the person they want to assign the lease to. Since Bill 31, the notice must also state the planned assignment date[1]. The TAL provides a notice form[4].
Send the notice in a way that proves it was received: the landlord’s response period starts when the notice is received, not when it is sent.
The 15-day deadline and the three possible answers
| Landlord’s answer | Effect |
|---|---|
| Accepts, or does not answer within 15 days | The assignment takes place; the assignee becomes the tenant on the planned date |
| Refuses for a serious reason, in writing, with reasons | The lease continues; the tenant can contest the refusal at the TAL |
| Refuses for another reason | The lease is terminated on the assignment date given in the notice |
A serious reason usually concerns the assignee, for example their ability to pay the rent. The landlord must give their reasons within 15 days, otherwise they are deemed to have consented[1]. The TAL publishes a response form for notices sent since February 21, 2024[3].
Fees and money: what is prohibited
- A landlord who consents can only require reimbursement of reasonable expenses related to the assignment, such as the cost of a credit check[1][2].
- The assignment must be free: the tenant who assigns their lease cannot require any amount from the assignee or force them to buy furniture[1].
- In a sublease, the sublease rent cannot exceed the rent paid, plus services and reasonable charges for furniture provided[1].
According to the TAL, requiring payment for an assignment or charging excessive sublease rent is an offence subject to a fine[2].
A sample timeline
Example: a tenant wants to assign their lease as of May 1.
- Early March: they send the notice of assignment with the assignee’s name and address and the May 1 date.
- 15 days after the notice is received: end of the landlord’s response period.
- No answer or consent: the assignee becomes the tenant on May 1.
- Refusal for another reason: the lease ends on May 1; the landlord can rent the unit again.
The assignee’s rent
The assignee takes over the lease as is. They are not a new tenant: they cannot ask the TAL to fix their rent on the grounds that it is higher than the lowest rent paid in the previous 12 months[2].
If the lease is terminated because the landlord refused for another reason, the landlord then signs a new lease and must give the new tenant the notice of the lowest rent paid in the previous 12 months (section G of the lease)[1].
Recourse at the TAL
The tenant can ask the TAL to rule on the reasons for the refusal. According to the decision summaries published by the TAL, the tribunal can, among other things, declare the assignment valid or award damages[5].
The landlord must answer in writing, within 15 days, stating which of the three answers they choose. For the buildings we manage, every notice of assignment is logged on receipt and the answer goes out on time. See our property management.
Frequently asked questions
Can my landlord refuse my assignment without a reason?
Yes, since February 21, 2024, but the lease then ends on the assignment date given in your notice (art. 1978.2 C.C.Q.).
What happens if the landlord does not answer?
After 15 days from receiving the notice, the landlord is deemed to have consented to the assignment (art. 1871 C.C.Q.).
Can I ask the assignee for money?
No. The assignment must be free (art. 1978.3 C.C.Q.); according to the TAL, it is an offence subject to a fine.
Can the landlord charge me fees?
Only reasonable expenses related to the assignment, such as a credit check (art. 1872 C.C.Q.).
Sources
- [1]Civil Code of Québec, arts. 1870 to 1873, 1896 and 1978.1 to 1978.4 · LégisQuébec · accessed on 11 octobre 2026
- [2]Lease assignment or sublease · Administrative Housing Tribunal · accessed on 11 octobre 2026
- [3]Reply to a notice of assignment of lease (notices sent as of February 21, 2024) · Administrative Housing Tribunal · accessed on 11 octobre 2026
- [4]Notice of assignment of lease · Administrative Housing Tribunal · accessed on 11 octobre 2026
- [5]Decision summaries: assignment or sublease · Administrative Housing Tribunal · accessed on 11 octobre 2026
This article provides general legal information, current as of the date shown. It does not constitute legal advice. For a specific situation, consult the TAL, Éducaloi, a lawyer or a notary.
