Information leaflets

As the tenant who sublets the dwelling, you remain entirely responsible
for all the obligations of the lease.

Before the sublease is concluded you must give the sub-tenant a copy of
the building regulations, where applicable. The sublease must indicate all
the main obligations that you have toward the landlord (e.g., snow removal)
or refer to the obligations. In this last case you must give the sub- tenant a
copy of the main lease.

As a sublessor, you are obliged to :

• deliver the dwelling in a good habitable and clean conditions, and
  in a good state of maintenance and repair in all respects ;
• ensure the peaceful enjoyment of the premises.

For example, if necessary repairs are not completed, the sub-tenant could take
recourse against you, the sublessor. You would then have to oblige the landlord
to respect his obligations toward you.

ATTENTION : You are still responsable for the lease. To avoid its renewal you
must give the landlord a notice of non-renewal within the appropriate time frame.

However, if the dwelling has been sublet for more than 12 months (whether
consecutive or not), the landlord may put an end to the sublet.

The sub-tenant is bound by the terms of the lease he signed with you but he
does not have the right of occupancy since you maintain the right to reclaim the
dwelling at the end of the sublet.

You also retain the right to end your lease in the manner and time period set out
in the law.

If you do not renew the lease and if the sub-tenant wishes to remain in the dwelling,
he should try to sign a new lease with the landlord.

NOTE : The sub-tenant is not obliged to leave the premises unless he has received
a 10 days notice to vacate from the tenant or the landlord.

In addition, as a new tenant in relation to you, the sublessor, the sub-tenant has the
right to ask the Régie to fix the rent if the rent he is paying is higher than either the
lowest rent paid during the 12 months before the sublet or the rent fixed by the Régie.

Therefore, according to the law, you must give him the " Notice to new tenant" at the
conclusion of the lease.

On the other hand, if the landlord does not carry out his obligations, the sub-tenant
can exercice the rights and recourses of the tenant to force the landlord to take action.

The landlord retains all of his rights and obligations toward the tenant who has sublet.

If the sub-tenant, by neglecting his obligations, causes serious prejudice to the
landlord, other tenants or occupants, the landlord can ask for the cancellation of the
tenant's lease or of the sublet since this recourse is specified in the law.

On the assignment tenant

You hand over all your rights, including the right to maintain occupancy,
to the assignee. You are freed from all obligations as of the date of the
assignment. Therefore, you do not have to send a notice of non-renewal
of the lease.

The assignee is not a new tenant in the eyes of the law. Therefore, he does
not have the right to ask the Régie to set the rent. However, on becoming a
tenant, he acquires all the rights and obligations of the lease. As he is bound
by all of the conditions of the assigned lease he should obtain a copy of it
from the assigning tenant.

Once the assignment takes effect, the landlord is bound to the assignee. It is
to the assignee that all notices concerning the lease must be given and from
him that the rent must be collected. The landlord does not sign a new lease
with the assignee.

The assignee takes the dwelling in the condition in which he finds it or that it
was in when he visited it.