Taking over a lease: what to know before you commit
Taking over a lease means becoming the tenant in someone else's place, on the terms they negotiated. It is often the way to find an apartment outside the July 1 season.
What you accept
You take the lease as it is: same rent, same terms, same end date. From the transfer date you are the tenant, responsible for the rent and the condition of the apartment.
What to check first
- The lease itself: rent, end date, what is included.
- The apartment: visit it, and note any damage before moving in.
- That the person is the actual tenant: their name must be on the lease.
- That the landlord will be notified in writing: without their consent, given or deemed, there is no transfer.
The file a landlord expects
A landlord can refuse an applicant for a serious reason, most often doubts about their ability to pay. Prepare a piece of ID, proof of income, and your legal name and full address, which the law requires in the notice.
Do not give up your current home before you have the landlord's answer or the 15 days have passed.
Frequently asked questions
Does the rent go up when you take over a lease in Québec?
No. The person taking over continues the lease on the same terms and at the same rent until it ends.
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.