Summaries of decisions

Assignment or sublease

The Tribunal makes summaries of decisions on various topics available to you.

That tool could be useful to prepare your application or as part of a conciliation session. For example, it could help you estimate the amount of damages to which you are entitled or the nature of the orders likely to be issued by the Tribunal.

Warning

The following examples of judgements are provided for information purposes only.

Several factors can influence an administrative judge’s decision. For example, a clause provided for in the lease, the relevance and quality of the evidence provided, etc. In summary, each case is different and each decision depends on the evidence submitted to the Tribunal.

Issue

The lessor refuses to allow the lessor to assign her lease to a potential assignee
Summary of the application

The lessee asks the Régie du logement to declare her lease assignment valid.

The lessor applies for:

  • resiliation of the lease
  • recovery of a portion of the unpaid rent for the month of May, i.e., $178
Outcome

The Régie noted that the lease assignment was valid, but that it had become moot.

The lessee’s action for damages is reserved for the prejudice that she suffered due to the lessor’s unjustified refusal to consent to the assignment.

The lease was resiliated due to the lessor’s fault, retroactively to May 1, 2019.
Reasons

The lessor may not refuse to consent to the assignment of a lease without a serious reason.

The lessor’s reasons must be based on the characteristics of the assignee (for e.g. ability to pay, insolvency or failure to comply with the obligations under the lease).

The lessor cannot circumvent the lessee’s right to assign his lease by offering to resiliate the contract instead.

It was up to the lessor to take reasonable steps to obtain all the necessary information in order to make her decision; the law provides that the lessee must provide the name and address of the potential assignee.

In this case, the lessor did not establish serious reasons to refuse the assignment.
Full judgment

Laflamme c. Gestion Reluc inc. (June 6, 2019)

Note to reader: The above examples of decisions were selected and summarized by SOQUIJ. In rare instances, they may have been appealed from before a higher court. If you wish to cite one of those judgments before a tribunal, it is recommended that you check the plumitif of the courthouse in question.

Continue searching

If need be, you can consult other decisions with regard to dwelling leases by using the search engine (in French only) available free of charge on the SOQUIJ website. For best results, simply select a tribunal (e.g. Tribunal administratif du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.

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