Subletting rules in Quebec: what landlords and tenants need to know
Subletting in Quebec is governed by the Civil Code and requires written notice to the landlord, who may only refuse for serious reasons.This guide covers Quebec tenancy law only. For other provinces, see our [rental laws guides].
In Quebec, subletting is governed by the Civil Code of Quebec (arts. 1870-1873) and administered by the Tribunal administratif du logement (TAL). The right to sublet is protected in Quebec, but specific rules apply that differ from other provinces.
What Is Subletting?
Subletting occurs when a tenant temporarily vacates their unit and allows a subtenant to occupy it for a period while the original lease remains in effect. The tenant intends to return at the end of the sublet period. This is different from assigning a lease, where the tenant transfers the tenancy permanently to another person.
Do You Need the Landlord's Permission?
Yes. Subletting requires written notice to the landlord. The landlord has 15 days to refuse. Any refusal must be based on a serious reason — the landlord cannot refuse arbitrarily, according to the WealthNorth subletting guide citing the Civil Code. If the landlord refuses without serious grounds, the TAL can authorise the sublet or award damages to the tenant.
Can a Subtenant Be Charged More Rent?
No. A sublet in Quebec cannot charge the subtenant a rent higher than what is set out in the original lease. This is a firm rule under the Civil Code.
Who Is Responsible During a Sublet?
The original tenant remains fully responsible to the landlord for rent and any damage caused by the subtenant throughout the sublet period.
What Protection Does the Subtenant Have?
The subtenant has no right to remain in the unit after the sublet period ends unless they negotiate a new lease directly with the landlord. If the landlord refuses to extend the subtenancy, the subtenant must vacate when the period ends.
What Happens if a Tenant Sublets Without Permission?
Subletting without following the proper process is a breach of the lease. The landlord can apply to the TAL to terminate the tenancy if an unauthorised sublet occurs.
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