Subletting
What are the rules for subletting?
Rules applicable to all residential leases
In principle, the tenant can sublet the rental property with the landlord's consent.
The primary tenant must send the draft subletting agreement to the landlord by registered mail, at least fifteen days before it is signed. This draft must include all identifying information about the subtenant to comply with non-discrimination rules.
The duration of the sublet cannot exceed that of the principal lease.
The tenant must also inform the subtenant that they are bound by a principal lease and clarify the extent of their rights.
If the landlord terminates the principal lease, the primary tenant must notify the subtenant within fifteen days of receiving the notice, indicating that the sublet will end on the same date as the principal lease.
Rules applicable to principal residence leases
Special rules apply to sublets where the property is the tenant's principal residence.
A tenant who uses a property as their principal residence cannot sublet the entire property. They can only sublet a part of it and must continue to occupy the remaining part as their principal residence. The sublet portion may or may not serve as the subtenant's principal residence.
If the tenant terminates the principal lease before its end date, they must:
- give the subtenant three months' notice, accompanied by a copy of the notice given to the landlord;
- pay the subtenant compensation equal to three months' rent.