Subletting in Quebec: Rules, Risks & How to Do It Right

Subletting vs. Lease Transfer: Key Differences

Subletting (sous-location) means you temporarily hand your apartment to someone else while remaining responsible for the lease. You're still the tenant on paper — if the subtenant doesn't pay rent or damages the unit, you're on the hook. This differs fundamentally from a lease transfer (cession de bail), where you permanently exit the lease and all obligations transfer to the new tenant.

Under articles 1870–1876 of the Civil Code of Quebec, you have the right to sublet, and the landlord can only refuse for a serious reason. Subletting is common among Montreal students traveling for summer internships, tenants testing a new neighborhood before fully committing, or anyone who needs to leave temporarily but wants to keep their apartment.

Legal Steps for Subletting in Quebec

You must notify your landlord in writing before subletting. The notice must include the subtenant's name and the proposed subletting period. The landlord has 15 days to respond — if they don't, the subletting is deemed accepted. The landlord can refuse only for a serious reason, such as the subtenant having a history of not paying rent.

Create a written subletting agreement between you and the subtenant that includes the rent amount, duration, rules about the unit, and a clear end date. The subtenant cannot pay more rent than what you pay — charging a markup is illegal under Quebec law. Provide the subtenant with a copy of your lease so they understand the building rules and their obligations.

Risks and How to Protect Yourself

The biggest risk of subletting is that you remain fully responsible. If your subtenant causes $5,000 in damage, the landlord will come after you, not them. You'll then need to pursue the subtenant separately to recover costs. This is why screening your subtenant carefully — credit checks, references, an in-person meeting — is essential.

Take detailed photos of the apartment before handing it over and include a condition report in your subletting agreement. Consider requiring the subtenant to carry renters insurance. If anything goes wrong during the sublet, address it immediately — don't wait until you return. And if your temporary move requires professional movers for your belongings going into storage, Up & Out offers flexible moving and storage coordination to make the transition seamless.