How to Transfer Your Lease in Quebec (Cession de bail)
What Is a Lease Transfer (Cession de bail)?
A lease transfer — cession de bail in French — lets you permanently hand your lease to a new tenant. Unlike subletting, you are fully released from all obligations once the transfer is complete. Under article 1870 of the Civil Code of Quebec, every tenant has this right, and the landlord can only refuse for a "serious reason," such as the proposed tenant's poor credit history or inability to pay rent.
Lease transfers are extremely common in Montreal, especially for rent-controlled apartments where the current rent is below market rate. The new tenant inherits your exact lease terms, including the rent amount, which makes these transfers highly sought-after in neighborhoods like the Plateau, Mile End, and Rosemont.
Step-by-Step Lease Transfer Process
First, find a replacement tenant — platforms like Kijiji, Facebook Marketplace, and dedicated groups like "Cession de bail Montréal" are popular. Once you've found a candidate, send your landlord a written notice (by registered mail or in person with a witness) including the proposed tenant's name, address, and contact information. The landlord then has 15 days to respond.
If the landlord doesn't respond within 15 days, the transfer is deemed accepted. If they refuse, they must provide a serious reason. An unjustified refusal can be contested at the Tribunal administratif du logement. The TAL website (tal.gouv.qc.ca) offers a free notice template specifically for lease transfers that you can download and use.
Common Pitfalls and How to Avoid Them
Never accept money from a prospective tenant in exchange for your lease — while common in practice, charging a "transfer fee" or "key money" is legally questionable and can void the agreement. Also ensure the new tenant understands that they inherit all lease conditions, including obligations like snow removal or maintaining the yard if applicable.
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Keep copies of all correspondence with your landlord. If the landlord tries to raise the rent as a condition of accepting the transfer, that's illegal — the new tenant takes on the existing rent. Once both parties sign the transfer agreement and the landlord consents (or the 15-day silence period passes), your obligations end and you're free to move. Up & Out can coordinate your move-out date to align perfectly with the transfer date.
