Quebec lease transfer: does the 15-day delay start with the email notice or the landlord’s form?
My brother-in-law is transferring his lease to us.
On April 21, he sent an email to the landlord (big company) including:
- our names
- the apartment address
- the transfer date
- our contact information
- a clear intention to transfer the lease
They acknowledged receipt of the email.
They wanted us to complete the TAL lease transfer notice form, which is recommended but not legally mandatory. We eventually sent it on May 6, while clearly stating multiple times, by email and in the form, in bold that the original notice had already been sent on April 21.
Now they are claiming that the 15-day delay only started on May 6.
Our position is that:
- the April 21 email was already a valid notice
- they received it and exchanged with us about it
- no refusal was sent within 15 days
- therefore the transfer is deemed accepted
Our move is already planned based on those legal timelines, so restarting a new 15-day process would create serious issues for us.
Questions:
- Can an email be considered a valid lease transfer notice even without the landlord’s specific form?
- Could sending their rental application / credit check forms now weaken our position?
Thanks!