The landlord refuses the transfer: what happens?
Since February 21, 2024, a Québec landlord can refuse a lease transfer in two ways, with opposite consequences. In one, the lease continues; in the other, it ends and you are released.
Two refusals, two effects
| Landlord's answer | What happens to the lease | For you |
|---|---|---|
| Refusal for a serious reason | The lease continues with you | You remain the tenant. You can contest the refusal. |
| Refusal for another reason | The lease is terminated on the transfer date in your notice | You are released on that date. The applicant does not take over. |
| No answer within 15 days | The transfer is deemed accepted | The applicant becomes the tenant on the planned date. |
What counts as a serious reason?
The law gives no list. The reason must relate to the proposed person: typically their inability to pay the rent or problematic past conduct as a tenant. The landlord must state it within 15 days of receiving the notice. If you find it insufficient, you can apply to the Tribunal administratif du logement.
Refusal without a serious reason, new in 2024
Article 1978.2 of the Civil Code lets the landlord refuse for a reason other than a serious one. No justification is needed, but the consequence is automatic: the lease is terminated on the transfer date stated in the notice. Choose that date carefully.
Frequently asked questions
Can a Québec landlord refuse a lease transfer without a reason?
Since February 21, 2024, they can refuse for a reason other than a serious one. The lease is then terminated on the transfer date stated in the notice, and the tenant is released on that date.
What if the landlord does not answer?
If they do not refuse within 15 days of receiving the notice, they are deemed to have consented to the transfer.
Read next
Sources
- Tribunal administratif du logement — Cession ou sous-location
- Éducaloi — La cession de bail et la sous-location de logement
- Code civil du Québec, articles 1870 à 1873 et 1978.2
Updated on November 15, 2026. This page provides general information and is not legal advice. For a specific situation, contact the Tribunal administratif du logement or a legal adviser.