I want to leave before the end of my lease how do i do it?
Short answer
In Quebec, there is no general right to cancel a residential lease by giving three months' notice. The real options are a written agreement with the landlord, a lease assignment, a sublet, or the specific situations provided for by law.
In detail
Buying a house, changing jobs or moving to another city do not give you the right to end the lease. The tenant remains bound until the end, unless they use one of the mechanisms provided by law.
A lease assignment transfers the lease to another person and fully releases the tenant for the future. A sublet is temporary, and the tenant remains responsible toward the landlord. An agreement with the landlord is possible, but it has to be put in writing.
Certain situations allow you to cancel without the landlord's agreement: being allocated low-rental housing, the permanent admission of a senior to a CHSLD (long-term care home) or a residence, a disability that prevents you from occupying the dwelling, and conjugal or sexual violence. The cancellation takes effect 2 months after the notice for a lease of 12 months or more, and 1 month for a lease of less than 12 months or of indeterminate term.
What to document
Any agreement with the landlord, in writing and signed. For an assignment or a sublet: the notice sent, the date it was sent, the landlord's reply and its date. Also keep proof of your efforts to find a replacement.
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
- JuridiQC — How to leave your dwelling during the lease
- Tribunal administratif du logement — Frequently asked questions
- TAL — Lease assignment contract and notice of sublet
Related questions
- What is the difference between assigning a lease and subletting?
- 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?
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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.