A tenant who wishes to leave their dwelling during the period covered by the lease can assign their lease. If they want to have the possibility of coming back to live in the dwelling, they can sublet it.
The tenant who assigns their lease is freed from their obligations while the tenant who sublets their dwelling remains fully responsible for all their obligations.
The family residence is the dwelling that a couple living together in a marriage or civil union choose as a residence for their family. The declaration of family residence allows the protection of the place of residence and the household furniture within that is used by the family.
To rent or sublet a house or an apartment that is declared as “family residence”, one spouse must obtain the written consent of the other spouse.
If consent has not been obtained, the affected spouse can apply for the annulment of the rental or sublet.
When a tenant rents a dwelling with one or more other tenants, they are said to be in joint tenancy. It is recommended that the lease and any other agreements be in writing.
Lease Information from the Tribunal administratif du logement
A lease is a contract concluded between a landlord and a tenant that defines their respective commitments concerning a dwelling. The lease form of the Tribunal administratif du logement is mandatory for any new residential lease whether it is a room, an apartment, a condominium, a house, etc.
A divorce or separation does not mean that a lease is terminated before it expires. A tenant who separates therefore continues to be responsible for paying the rent. However, various solutions exist to release a tenant from his or her obligations, including terminating a lease, transferring a lease or signing a notice that you have ceased living together.
The Commission d'accès à l'information considers that a landlord may collect personal information, under certain conditions, before the parties enter into the lease. However, they may only ask for the information necessary to analyze the file.
The tenant must have previously given their consent.
When a residential lease comes to the end of its term, it renews automatically without need of a notice. The lease is renewed for the same duration (except for a lease of a duration of 12 months or more which only renews for 12 months).
At the renewal of a lease, the lessor can modify certain conditions (e.g., rent, heating, parking). However, they must provide the lessee with written notice of the changes within the prescribed notice period. The lessee must reply to the notice if they refuse the proposed increase or change or if they wish to leave the dwelling upon termination of the lease.