Quebec Lease Assignment Refusal: Bill 31 Rules for Landlords

Bill 31, which came into force on February 21, 2024, rewrote the rules around lease assignments (cession de bail) in Quebec. The change is one of the most significant shifts for landlords since the reform — and one of the least understood.

What Changed

Before Bill 31, a landlord could only refuse a lease assignment for a "serious reason" under Article 1871 of the Civil Code of Québec. If the proposed assignee had decent credit and no disqualifying history, you had limited grounds to say no. And if you refused without serious reason, the tenant could apply to the TAL to override your refusal.

Bill 31 changed this. A landlord may refuse for a reason other than a serious reason, but must inform the tenant of the reason within 15 days. The tenant may ask the TAL to review the refusal; if the TAL finds it unjustified, it can declare the assignment valid.

The Catch: Automatic Lease Cancellation

The landlord's new power to refuse comes with a consequence that catches many owners off guard. When you refuse for a reason other than a serious reason, the lease is resiliated (cancelled) on the date the assignment would have taken effect. A refusal for a serious reason does not terminate the lease. The tenant may challenge the refusal at the TAL.

This sounds advantageous until you realise what it means financially. The lease terminates at the proposed assignment date, which could be mid-lease. If you were counting on rent through the end of the term, you lose those months. And the tenant has no further obligation once the resiliation date arrives — they owe nothing beyond that point.

When Refusing Makes Sense

Refusing a lease assignment is a strategic choice, not an automatic one. It makes sense when:

• You plan to repossess the dwelling and the tenant departing gives you a vacant unit without needing to file a repossession notice
• The current rent is well below market and ending the lease lets you re-let under the usual rent-fixing and rent-disclosure rules. A limited five-year restriction applies to qualifying newly built or recently converted buildings when the statutory lease disclosures are made.
• You are selling the building and a vacant unit increases the sale price

It makes less sense when the proposed assignee is a reasonable tenant and you have no plans for the unit. A refused assignment followed by a vacant unit still costs you lost rent during the relisting period.

How the Process Works

1. The tenant sends you a written notice requesting consent to assign the lease, including the proposed assignee's name
2. You have 15 days from receiving the request to respond
3. If you refuse for a reason other than a serious reason, state the reason within 15 days; the lease terminates on the proposed assignment date. If the reason is serious, the lease continues.
4. If you do not respond within 15 days, your silence is deemed consent — the assignment proceeds

That 15-day response window is critical. Miss it and the assignment goes through automatically. If you intend to refuse, respond in writing immediately upon receiving the request, and keep proof of delivery.

Interaction with Repossession

A lease assignment refusal is not a substitute for a repossession notice. If your goal is to occupy the dwelling yourself or house a family member, and the tenant has not requested an assignment, you still follow the standard repossession route: TAL Form 809A, six months' notice for a lease longer than six months, and a TAL application if refused.

If a tenant requests an assignment while you are planning a repossession, a refusal for a reason other than a serious reason can end the lease on the proposed assignment date without a repossession notice. The tenant can still ask the TAL to review whether the refusal was justified, so this is not a guaranteed substitute for repossession.

The Quebec Tenancy Notice Guide covers both routes and how they interact, including the compensation obligations that apply to each.

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