Leaving your apartment before your lease ends

Transferring your lease

You could find someone to whom you would transfer your lease. This means they would take your place as a tenant. Once the transfer has taken effect, you will no longer be responsible for the lease. (In legal terms, transferring a lease is known as “assigning” the lease.)

Assignment of lease agreement (Tribunal administratif du logement)

To do this, you must inform the landlord of your intention to transfer the lease and the date you intend the transfer to take effect.

Notice of lease assignment (Tribunal administratif du logement)

Your landlord will then have 15 days to accept or refuse the transfer.

• If your landlord accepts the transfer or does not respond to the notice, the transfer will take effect on the date indicated on the notice.
• If your landlord refuses the transfer and has a serious reason for doing so, for example, the income of the person to whom you wish to transfer the lease is insufficient to cover the rent, the transfer will not go ahead.
• If your landlord refuses the transfer but does not have a serious reason for doing so, your lease will be cancelled as of the date you indicated for the transfer. You will no longer be responsible for the lease as of that date.

Breaking your lease… without breaking the rules! (Tribunal administratif du logement)

Subletting your apartment

If you would like to leave your place temporarily – that is, intending to return – you could sublet your apartment rather than transfer your lease. During the period of the sub-lease, you will have some responsibilities toward the sub-lessee (the person to whom you sublet the apartment) and you will remain responsible to the landlord for the lease.

You will have to find someone who accepts to stay in your apartment for the time you have in mind.

You will also have to inform your landlord of your intention to sublet.

Notice of subletting of dwelling (Tribunal administratif du logement)

Your landlord will then have 15 days to accept or refuse the sublease.

• If your landlord accepts the sub-lease or does not respond to the notice you sent, the sub-lease will take effect on the date indicated on the notice.
• If your landlord refuses the sub-lease, they must have a serious reason for doing so. If they do, the sub-lease will not go ahead.

Important

If, during the sub-lease period, you decide you don’t want to return to your apartment, make sure to notify your landlord that you don’t want to renew your lease. If you do not inform your landlord in time, your lease will be automatically renewed.

Breaking your lease… without breaking the rules! (Tribunal administratif du logement)

Other situations in which you can leave your apartment during your lease

In some situations, you can cancel your lease without your landlord’s agreement -- and without transferring or subletting your apartment.

This is possible if:

• You or your child are the victim of domestic or sexual violence, and you fear for your safety,
• You have been allocated an apartment in low-rental housing,
• You have developed a handicap and can no longer occupy your apartment as a result,
• You are a senior, and you have been permanently admitted to a CHSLD (long-term residential care centre) or a private seniors’ residence.

If you are in one of these situations, you can cancel your lease. To do so, you must:

• Obtain an attestation confirming that you are in one of these situations. The organization that can provide this attestation depends on the situation you’re in.
• Send a written notice of lease cancellation to your landlord.
• Continue to pay your rent until the date of cancellation.

The date of cancellation depends on the duration of your lease:

• Less than 12 months: your lease will be cancelled 1 month after you send the notice
• 12 months or more: your lease will be cancelled 2 months after you send the notice
• Indeterminate lease: your lease will be cancelled 1 month after you send the notice

It might be possible to cancel the lease earlier, for example, if you reach an agreement with your landlord or if they can rent your place to another tenant before the date indicated in the notice you sent to cancel your lease.

You or your child are the victim of domestic or sexual violence, and you fear for your safety

Terminate your lease as a tenant in situation of sexual violence, spousal violence or violence towards a child (Gouvernement du Québec)

Quickly leave a dangerous environment (Gouvernement du Québec)

Notice of termination of a lease because of spousal violence, sexual violence or violence towards a child (Tribunal administratif du logement)

You have been allocated an apartment in low-rental housing

Allocation of a dwelling in low-rental housing (Tribunal administratif du logement)

Notice of termination of a lease due to allocation of a dwelling in low-rental housing (Tribunal administratif du logement)

You can no longer occupy your apartment due to a handicap

Inability to occupy the dwelling because of a handicap (Tribunal administratif du logement)

Notice of termination of a lease due to a disability (Tribunal administratif du logement)

You are a senior, and you have been permanently admitted to a CHSLD (long-term residential care centre) or a private seniors’ residence

Elderly admitted permanently into a seniors’ residence (Tribunal administratif du logement)

The termination of a lease to live in a residence? It's easier than you think! (Bonjour Résidences)

Notice of termination of a lease due to admission of the lessee to a residential and long-term care centre or to a private seniors’ residence (Tribunal administratif du logement)