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Declaration of sublease or lease assignment: how does it work?

A tenant who must leave their home before the end of the lease may sublet or assign the lease under certain conditions. A landlord, tribunal or organization may then ask for a sworn declaration setting out the facts and the steps taken.

The rules on subleasing and lease assignment are specific, notably regarding notices to the landlord: always consult official sources before acting.

In what situations is it requested?

  • a notice of sublease or assignment that the landlord contests;
  • a dispute before the tribunal over a refusal to sublet or assign;
  • proof of your efforts to find a subtenant or assignee;
  • a situation where someone left the home without a formal process.

What should the declaration contain?

  • the tenant's identity and the address of the dwelling;
  • the dates and terms of the notice given to the landlord and their response;
  • the identity of the proposed subtenant or assignee, if applicable;
  • a statement of truthfulness.

How does this relate to the Tribunal administratif du logement?

If the disagreement with the landlord is brought before the Tribunal administratif du logement, a sworn declaration can serve as evidence there. That case is covered in our article on the tribunal.

Declaration for the Tribunal administratif du logement

Can it be sworn online?

Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.

Online oath commissioning in Québec: how does it work?

Assermentation Express

Assermentation Express is not the Tribunal administratif du logement or a legal adviser and gives no opinion on your tenant rights. This service is limited to receiving the oath or solemn affirmation on a document already prepared.

Do you need a declaration of sublease or assignment sworn? Check availability and book online.

Book my appointment

Sources and references

← Assermentation Express
Declaration — sublease or lease assignment