Lease Transfer vs. Sublet: The Ultimate Montreal Student Guide
If you’re a student in Montreal, you know the drill: your plans change faster than the weather on Saint-Catherine Street. Whether you're heading on a semester exchange or graduating and moving back home, you shouldn't be stuck paying for an empty apartment.
In Quebec, you have two main "escape routes": Lease Transfer or Subletting. But choosing the wrong one can lead to unexpected rent debt or legal headaches. Here is the breakdown in plain language.
1. The Quick Comparison
Which one fits your situation?
| Feature | Lease Transfer (Cession) | Sublet (Sous-location) |
|---|---|---|
| The Vibe | A permanent breakup. | A temporary "break." |
| Your Liability | Zero. You walk away forever. | Full. You are still responsible. |
| Who pays whom? | New tenant pays Landlord. | Subtenant pays YOU; You pay Landlord. |
| Best For... | Graduating or moving for good. | Exchange programs or summer trips. |
2. Lease Transfer: The "Clean Break"
When you transfer your lease (Cession de bail), you are effectively deleting your name from the contract and inserting someone else’s.
- The Win: Once the transfer is complete, you are legally free. If the new tenant misses rent or damages the floor, the landlord deals with them, not you.
- The Catch: This is permanent. You lose all rights to the apartment.
Pro Tip (Bill 31 Update): Under recent Quebec law, if you propose a lease transfer and the landlord refuses it for a "non-serious" reason, the lease can be terminated. This is actually a great outcome if you just want to leave without finding a replacement!
3. Subletting: The "I’ll Be Back"
Subletting means you are still the official tenant, but you are "loaning" the space to someone else for a set period.
- The Win: You have a guaranteed home to return to after your internship or exchange program.
- The Risk: This is the big one. You are still the "boss." If your subtenant doesn't pay the rent, the landlord will come after you for the money. You are also liable for any damages they cause.
4. The 15-Day Rule: How to Notify Your Landlord
You cannot simply hand your keys to a friend. To stay protected under the Civil Code of Quebec, you must follow the formal process:
- Written Notice: Send a notice to your landlord with the name and address of your candidate.
- The Wait: The landlord has 15 days to respond.
- Silence is Consent: If the landlord does not reply within 15 days, they are legally deemed to have accepted the arrangement.
- The Refusal: A landlord can only refuse a candidate for a "serious reason" (e.g., proof of poor credit or a history of behavioral issues).
5. Avoid These Common Student Mistakes
Don't Skip the Paperwork
Even if you are "renting" to a best friend, use a written agreement. It prevents "he-said-she-said" drama later. Use the official TAL templates for both transfers and sublets.
Watch Out for Illegal Fees
Landlords cannot charge you an arbitrary "transfer fee." They are only allowed to claim reimbursement for actual expenses incurred, such as the cost of a credit check (usually between $30 and $60).
Confirm Your Insurance
Ensure your replacement has tenant insurance. If a pipe bursts or a fire starts while you're away and they aren't covered, you could be on the hook for thousands. Get a quick quote via Youset.
Final Takeaway
- Leaving for good? Do a Lease Transfer.
- Coming back? Sublet.
Whichever you choose, don't leave it to chance on sketchy forums. List your apartment on Plazio to reach thousands of verified students in Montreal and find a reliable replacement fast.