Sublease Vs Assignment
If you transfer the entire rental to another tenant for a period of time while you move out, that too is a sublease.For example: Unless your lease prevents it, you may rent to anyone you like and charge any rent you choose. In a subleasing arrangement, the subtenant pays rent to you and you continue to pay the landlord under the terms of your lease.The landlord cannot refuse the assignment or sublet unless there is a good reason, such as the proposed tenant’s inability to pay the rent or problematic behavior of this tenant.This is the case no matter what your lease or the building rules say.
This means that as the original tenant, you can return at the end of the sublease.Also, when you sublet, you assume the responsibilities of a landlord toward the subtenant.You must leave the apartment in good, clean and habitable condition.A landlord in this situation can request not only the cancellation of the lease, but also compensation (money) for the harm caused. This article explains in a general way the law that applies in Quebec.This article is not a legal opinion or legal advice.This notice must include the name and address of the potential tenant and the projected date for the assignment or sublet.You must send this notice to the landlord’s address as it appears on your lease and it must be written in the same language (French, English, etc.) as the lease.To find out the specific rules for your situation, consult a lawyer or notary.Both subletting and assigning involve transferring your lease obligations to another tenant.If repairs are needed and the landlord doesn’t do them, the sub-tenant can ask you to do the repairs.You also have to make sure the sub-tenant can live in the apartment peacefully. The law says that there are three situations in which you cannot assign your lease or sublet: If you are in a situation that lets you assign your lease or sublet you must send your landlord a notice of assignment or sublet, once you have found a potential tenant.