Subletting is a common practice, especially when a tenant must be away temporarily or wishes to share their dwelling. However, this process is strictly governed by the Civil Code of Quebec. The Code establishes the rights and obligations of the tenant, the landlord, and the subtenant. It is therefore essential to understand the rules before subletting a property.

The right to sublet… under certain conditions

According to section 1870 C.C.Q., a tenant may sublet all or part of the dwelling. They may also assign their lease. However, they must notify the landlord of their intention and provide the name and address of the proposed subtenant.

In addition, they must obtain the landlord’s consent. Without this consent, the sublease is invalid. The landlord cannot refuse without a valid reason. Under section 1871 C.C.Q., refusal must be based on a serious reason, such as the subtenant’s financial incapacity or a risk of disturbance to the neighbors.

If the landlord does not respond within 15 days of receiving the notice, they are deemed to have consented to the sublease.

Applicable fees and legal effects

The landlord may claim only the reimbursement of reasonable expenses related to the sublease (section 1872 C.C.Q.).

As for assignment of lease, it generally releases the original tenant from their obligations (section 1873 C.C.Q.). However, subletting does not have this effect. The tenant remains responsible to the landlord. Therefore, if the subtenant fails to pay or causes damage, the landlord may pursue the original tenant.

Responsibilities of the subtenant

The subtenant has a legal relationship only with the tenant, not with the landlord. Thus, under section 1874 C.C.Q., they are liable to the landlord only up to the amount of the sublease rent.

However, if their behavior causes serious harm to the landlord or other occupants, the landlord may request termination of the sublease (section 1875 C.C.Q.).

Conversely, if the landlord fails to meet their obligations, the subtenant may exercise the tenant’s remedies. These remedies allow enforcement of the landlord’s obligations, such as heating or maintenance issues (section 1876 C.C.Q.).

• The subtenant does not benefit from the right to maintain occupancy (section 1940 C.C.Q.). Their sublease ends no later than the end date of the main lease. They must vacate after receiving 10 days’ notice.
• If a dwelling has been sublet for more than 12 months, the landlord may refuse renewal of the lease at its term (section 1944 C.C.Q.).
• The subtenant may ask the tribunal to set the rent if they pay an amount higher than what was paid in the previous 12 months (section 1950 C.C.Q.).
• The tenant cannot charge a higher rent than what they pay, except to cover services or furnishings (section 1978.4 C.C.Q.).
• Finally, a student renting a dwelling from an educational institution cannot sublet or assign their lease (section 1981 C.C.Q.).

In summary

Subletting may seem simple, but it carries several legal risks. The tenant remains responsible to the landlord. A poorly managed sublease can lead to lease termination or civil claims.

Before proceeding, it is essential to :

• Obtain written consent from the landlord;
• Draft a clear sublease contract that complies with the law;
• Ensure the subtenant fully understands their obligations.

Conclusion

Subletting is a useful tool for many tenants. However, it must be carried out with caution and in accordance with the Civil Code. A poorly executed sublease can have significant consequences, including legal action by the landlord or conflicts with the subtenant.

Our firm can support you in your subletting process, lease assignment, or any real estate dispute. Contact us for a consultation and receive a complete analysis of your situation. To learn more about our services, also visit our page on real estate law