Subletting in an HLM (Low Rent Housing)?

Published on by Communication service

Topic(s): Regulation

Subletting in an HLM (Low Rent Housing)?

In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it.

Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ».

Section 1870 of the Civil Code of Québec provides that a tenant may sublet all or part of the leased property. The owner can then refuse only with a serious reason.
However, the law also provides that he must notify the landlord of his intention, and state the name and address of the person to whom he intends to sublet.

But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so?

According to section 1995 of the Civil Code of Québec
« The lessee of a dwelling in low-rental housing may not sublease the dwelling or assign his lease.
He may resiliate the lease at any time by giving three months’ notice to the lessor.
1991, c. 64, a. 1995. »

So, as in France, the low-rent housing authority concerned could ask the Régie du logement to terminate the lease. And this clause was confirmed on June 26, 2018 by a judgement rendered by the Régie du logement of Sept-Iles (1).
The director of the Régie ruled that the tenant had contravened section 1995 in addition to increasing the risk to the landlord and changing the purpose of the dwelling.

(See judgement rendered in French)

He may, however, at any time, terminate the lease by giving a notice of three months to the landlord.

On the other hand, unlike rentals in the private rental field, the tenant cannot terminate the lease by giving a notice of 3 months. That is a myth!

He will have to give up his lease or come to an agreement with you to end his lease.
- a tenant has obtained a low-cost rent;
- a place in a hostel or CHSLD;
- a tenant who is experiencing domestic violence or sexual assault.

To finish with this French story, the lease was finally terminated after numerous hearings and legal proceedings.

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