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The lessee may sublet the dwelling, in whole or in part, or assign the lease. The lessee must then notify the lessor of that intention in writing .
The lessor may not refuse to consent to the sublease or assignment without a serious reason .
This section deals with several subjects of interest concerning the assignment of a lease or the subleasing of a dwelling.
The contents of this section of the website are for information purposes only and do not replace the legislation.
- Home
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- Renting
A tenant who wishes to leave their dwelling during the period covered by the lease can assign their lease. If they want to have the possibility of coming back to live in the dwelling, they can sublet it.
The tenant who assigns their lease is freed from their obligations while the tenant who sublets their dwelling remains fully responsible for all their obligations.
Declaration of Family Residence Information from the Ministère de la Justice
The family residence is the dwelling that a couple living together in a marriage or civil union choose as a residence for their family. The declaration of family residence allows the protection of the place of residence and the household furniture within that is used by the family.
To rent or sublet a house or an apartment that is declared as “family residence”, one spouse must obtain the written consent of the other spouse.
If consent has not been obtained, the affected spouse can apply for the annulment of the rental or sublet.
When a tenant rents a dwelling with one or more other tenants, they are said to be in joint tenancy. It is recommended that the lease and any other agreements be in writing.
A divorce or separation does not mean that a lease is terminated before it expires. A tenant who separates therefore continues to be responsible for paying the rent. However, various solutions exist to release a tenant from his or her obligations, including terminating a lease, transferring a lease or signing a notice that you have ceased living together.
The Commission d'accès à l'information considers that a landlord may collect personal information, under certain conditions, before the parties enter into the lease. However, they may only ask for the information necessary to analyze the file.
The tenant must have previously given their consent.
When a residential lease comes to the end of its term, it renews automatically without need of a notice. The lease is renewed for the same duration (except for a lease of a duration of 12 months or more which only renews for 12 months).
At the renewal of a lease, the lessor can modify certain conditions (e.g., rent, heating, parking). However, they must provide the lessee with written notice of the changes within the prescribed notice period. The lessee must reply to the notice if they refuse the proposed increase or change or if they wish to leave the dwelling upon termination of the lease.
During the term of a lease, the lessee cannot terminate the lease at any given moment or for any reason (e.g. it cannot be done because of divorce, loss of employment, purchase of a house).
Termination of a lease during its term is possible for one of the following reasons, even if there is no agreement with the lessor:
- Spousal violence or sexual aggression
Last update: March 18, 2024
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Here are the forms and notices available on the website of the Tribunal administratif du logement
Application List of exhibits Amendment Application for reinstatement on the roll Application for revocation Appendix for additional information
Notices to the Tribunal administratif du logement
- Discontinuance or agreement
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Notice of resiliation
- because of spousal violence or sexual aggression
- due to allocation of a dwelling in low-rental housing
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Modification of lease, dwelling, sublet
- Notice of rent deposit
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- Lessee’s response to a notice of rent increase and modification of another condition of the lease
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IMAGES
COMMENTS
Assignment of lease. Found someone interested in living in your dwelling, as an assignee? Sign a written agreement right away, which will be conditional on the lessor granting consent. A very simple template for a conditional agreement, entitled Assignment of lease agreement, is available on the Tribunal administratif du logement’s website ...
The lease is then resiliated on the date of assignment indicated in the notice sent by the lessee. A lessor who consents to the assignment of the lease may not exact any payment other than the reimbursement of any reasonable expenses resulting from the assignment. The assignment of a lease discharges the former lessee of their obligations.
Lessor’s right to terminate a lease. Repossessing a dwelling; Eviction to divide the dwelling, enlarge it substantially or change its destination; Assignment of a lease or subleasing. Assignment of lease agreement and notice to sublet the dwelling; Conversion to divided co-ownership. Divided co-ownership; Converting a rental property to ...
1. The assignor affirms that there are no legal proceedings pending before the Régie du logement or any other tribunal with respect to the lease. 2. The assignor affirms that he has neither given a notice of non-renewal of lease nor received a notice of modification of conditions of the lease. 3.
Information from the Tribunal administratif du logement. A lease is a contract concluded between a landlord and a tenant that defines their respective commitments concerning a dwelling. The lease form of the Tribunal administratif du logement is mandatory for any new residential lease whether it is a room, an apartment, a condominium, a house ...
Here are the forms and notices available on the website of the Tribunal administratif du logement. Application List of exhibits Amendment Application for reinstatement on the roll Application for revocation Appendix for additional information. Notices to the Tribunal administratif du logement. Discontinuance or agreement; Notice of change of ...