A new job in another city, a move in with a partner, a bigger family: life changes don’t always line up with the end of your lease. In Montreal, the good news is that Quebec law gives tenants a real way out: you can transfer (assign) your lease or sublet your apartment, as long as you follow the proper steps.
This guide explains how lease transfers work in Montreal, how they differ from subletting and how to avoid the most common mistakes.
Lease transfer vs sublet: what’s the difference?
Lease transfer (assignment)
When you transfer your lease, a new tenant takes over your lease for the rest of its term, with the same rent and conditions. Once the transfer is completed, you are generally released from your obligations to the landlord. This is the most common solution when you are leaving for good.
Sublet
When you sublet, you remain the tenant. You rent all or part of the apartment to someone else, usually for a limited period such as a summer abroad or an internship. You stay responsible to the landlord for the rent and for respecting the lease.
In short:
- Lease transfer: the new tenant replaces you, and you walk away.
- Sublet: you stay responsible, and you plan to come back or keep the lease.
- Both require notifying the landlord and obtaining consent.
Step 1: Read your lease
Start by checking your lease end date and any special clauses. In Quebec, a clause that completely prohibits lease transfers or sublets is generally not enforceable, because the Civil Code gives tenants this right. Still, knowing your lease helps you plan the timeline.
Step 2: Find a candidate
Look for someone who would be a solid tenant: stable income, good references and a real interest in staying. You can advertise through your network or on rental platforms. Our article on the best platforms to find rentals in Montreal lists the main options.
Be honest in your ad about the rent, the lease end date and the condition of the apartment.
Step 3: Send written notice to your landlord
You must notify your landlord of your intention to transfer or sublet, giving the name and address of the person who will take over. Send it in writing and keep proof of delivery, such as a registered letter or an email with confirmation.
Step 4: The landlord’s 15-day window
Once the landlord receives your notice, they have 15 days to respond.
- If they refuse, they must give you their reasons within those 15 days.
- If they don’t respond within 15 days, they are deemed to have accepted.
- A landlord can only refuse for a serious reason, such as the candidate’s clear inability to pay or bad references.
The landlord cannot refuse just because they want to raise the rent or find a tenant themselves. They may only charge you reasonable expenses related to the transfer, like a credit check.
If you believe the refusal is not justified, the Tribunal administratif du logement (TAL) handles these disputes. Official information is available on Quebec.ca.
Step 5: Complete the handover
Once the landlord accepts, or the 15 days have passed without a reply:
- Agree on a move-out and move-in date with the new tenant.
- Return all keys and access cards.
- Take dated photos of the apartment’s condition when you leave.
- Update your address with the government, your bank and your providers.
- Cancel or transfer utilities and internet in your name.
Can the rent increase during a lease transfer?
No. With a lease transfer, the new tenant takes over the existing lease at the same rent. Any rent increase can only be proposed later, at lease renewal, according to the usual rules.
What about the lease transfer fee?
The landlord may ask only for reimbursement of reasonable expenses resulting from the transfer, such as the cost of a credit check. A large flat “transfer fee” or a security deposit is not allowed in Quebec. For more on what to budget, see What’s included in rent? 10 hidden costs.
Common mistakes to avoid
- Moving out without notifying the landlord in writing.
- Accepting money from the new tenant to “buy” the lease. This can create disputes and is not part of the legal process.
- Forgetting that, in a sublet, you remain responsible for the rent and any damage.
- Letting someone move in before the landlord has accepted or the 15-day period has passed.
Lease transfers and Moving Day
Many Montreal leases end on June 30, and lease transfers are especially common in spring. If you plan to transfer your lease around Moving Day, start early: candidates are easier to find when there is still time before July 1. Newcomers can also read our step-by-step renting guide.
Frequently asked questions
Can my landlord refuse a lease transfer in Montreal?
Only for a serious reason, such as a candidate who clearly cannot afford the rent. The landlord must give the reasons within 15 days of receiving your notice.
Am I still responsible after a lease transfer?
In general, a completed lease transfer releases you from your obligations for the rest of the lease. In a sublet, you remain responsible to the landlord.
What if my landlord does not answer my notice?
If the landlord does not respond within 15 days of receiving the notice, they are deemed to have accepted.
Can I sublet only one room of my apartment?
Yes. A sublet can cover all or part of the dwelling, but you must still notify your landlord in writing and you remain responsible for the lease.