What is the difference between assigning a lease and subletting?
Short answer
In Quebec, a lease assignment transfers the lease to another person and releases the tenant for the future, whereas a sublet is temporary and leaves the tenant fully responsible toward their landlord.
In detail
With an assignment, the new tenant takes the former tenant's place: same terms, same rent, and the former tenant has no further obligations going forward.
With a sublet, the tenant remains the official tenant. If the subtenant does not pay or causes damage, it is the main tenant who answers to the landlord. It is also the main tenant who must send the notice of non-renewal of the lease, where applicable.
In both cases, you must notify the landlord in writing, giving the name and address of the proposed person as well as the intended date. The landlord has 15 days to reply; silence counts as acceptance.
What to document
The written notice sent to the landlord, proof that it was received, the date, and the reply you got. Also keep the signed assignment or sublet contract.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- TAL — Lease assignment contract and notice of sublet
- Éducaloi — Lease assignment and subletting a dwelling
- JuridiQC — How to leave your dwelling during the lease
Related questions
- My landlord refuses the lease assignment what happens?
- I want to leave at the end of my lease what notice do i have to give?
- I am a victim of domestic violence how do i end my lease?
- I am moving to a chsld or i got low-rental housing can i cancel my lease?
- My roommate moved out do i have to pay the whole rent?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.