Subletting your dwelling

You’re happy with your apartment and don’t have any immediate plans of moving out, however if you plan on going home for the summer, participating in an exchange, or leaving the apartment for any extended period of time, you may choose to sublet your dwelling. Finding a subtenant means finding someone to live temporarily in your dwelling and pay the rent for the time that you are gone.  Keep in mind however, you are ultimately responsible for the rent and condition of the apartment. Here are the steps to subletting.

Instructions:

  1. Post an ad for your apartment online, indicating that it will be available for a short-term sublet. Include a detailed description of the place, and add photos!
  2. Have interested applicants come see the place. It is important to choose a responsible subtenant who you believe is capable of paying rent. Ultimately you are still responsible for the apartment in the long-term, so try and use your best judgment.
  3. Fill out a sublet agreement by picking up an Official Quebec Lease from the Régie du Logement, cross out the words “tenant” and “landlord” in the identification box and replace them with “sub-tenant” and “tenant” respectively. This contract is officially recognized by the Régie du Logement, providing that the Landlord consents to the sublet.
  4. Send a Notice to Sublet  to the Landlord. Much like a lease transfer assignment, the landlord has 15 days to respond, and if they do not respond it means that the sublet is automatically approved. Technically a landlord should not refuse a sublet without a valid reason.
  5. Figure out a payment method so that you can be sure the rent is paid consistently and on time while you are away. Perhaps you want the money transferred to you, or entrust a roommate to make sure the rent gets paid.

FAQ

What if my subtenant stops paying rent while I am away?

If your subtenant stops paying rent you are still responsible to pay the balance owed to your landlord. If you filled out the form correctly you can pursue legal action against your subtenant through the Régie du Logement; if you did not follow the process correctly you may be able to pursue them through small claims court.

What if I want to sublet and I am a joint tenant?

If you are temporarily leaving your apartment but your roommate (who is a joint tenant) is staying, it is important that you include the remaining roommate in the process of finding a subtenant. This process should be done in “good faith” as these people will be sharing the dwelling while you are away.

What are the reasons my landlord can refuse a sublet?

Your landlord can only refuse a sublet if the prospective applicant has a proven history of not being able to meet their financial obligations or have a proven history of damaging or destroying previous apartments they have lived in. Failure to meet a financial obligation can only be proven by a credit check. Your landlord cannot refuse your sublet because you did not pay illegal sublet fees, because they do not like the ‘look’ or ‘feel’ of a tenant;