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Assigning Your Lease or Subletting
Assigning Your Lease or Subletting
Lease or
Subletting
To the Reader
This leaflet is intended primarily for tenants
contemplating assigning their lease or
subletting but it will also interest future
assignees and sub-tenants as well as
landlords, who are all three directly involved in
such a step.
IMPORTANT
The contents of this leaflet are for information purposes only and do not replace
the legislation.
The staff at the Rgie du logement can inform you of the recourse available to
you for contesting a decision, the applicable procedure before the Rgie and
the deadlines involved. However, our staff cannot inform you of the procedures
applicable before the other tribunals. If you need assistance, contact an
attorney or notary.
Assignment, Subletting :
Whats the difference ?
Exceptions
Before going any further you should be aware
that you cannot assign your lease or sublet
if :
you are a student renting a dwelling in an
educational institution ;
you are a tenant in low-rental housing ;
Refusal of Assignment or
Sublet
On the assignee
The assignee is not a new tenant in the eyes of
the law. Therefore, he does not have the right
to ask the Rgie to set the rent. However, on
becoming a tenant, he acquires all the rights
and obligations of the lease. As he is bound by
all of the conditions of the assigned lease he
should obtain a copy of it from the assigning
tenant.
On the landlord
Once the assignment takes effect, the landlord
is bound to the assignee. It is to the assignee
that all notices concerning the lease must be
given and from him that the rent must be
collected. The landlord does not sign a new
lease with the assignee.
The assignee takes the dwelling in the
condition in which he finds it or that it was in
when he visited it.
On the landlord
Concluding a lease
agreement : Heres how
The Rgie du logement recommends that you
use the very simple conditional agreement
model which it supplies entitled Assignment
of lease agreement and that you complete it
before sending the notice of assignment to the
landlord.
Before signing the agreement, give the
assignee all the relevant information in your
possession and let him know if you have
received a notice from the landlord such as a
notice of rent increase.
.
The Rgie du logement is answerable to the
Minister of Municipal Affairs and Regions.
FI-211 (05-12)