Renting a Place to Live/Tenants/Sublet or Assign Lease

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Sublet or Assign Lease

I signed a lease for a year, but I just found out that my job requires me to move next month. My cousin is willing to move in and pay rent instead of me. Can she do this?

In this situation, you can ask whether the landlord will allow you to break your lease and then make a new one with your cousin, or whether he will allow you to sublet or assign the lease.

You have to get written permission from your landlord to sublet or assign. If you ask for permission and your landlord does not reply within 14 days, he is taken to have given consent. If your landlord refuses to agree to allow you to sublet or assign, the reasons given must be reasonable.

Your landlord cannot charge you a fee or ask for anything else for agreeing to the assignment or sublet.

If I can't break my lease, would it be better for me to sublet my apartment or assign my lease when I move?

There are different considerations for each situation.

If you sublet the apartment, you will still be responsible for the rent and other obligations under the tenancy agreement and the Residential Tenancies Act. For example, if your cousin moves in and she does not pay the rent, you will still be liable to pay it. Subletting is not very secure for the person that moves in (sublease), as his or her occupation of the property depends on the lease between the original tenant and the landlord. For example, if the landlord terminates the original tenancy agreement, the sublease will also end.

If you assign the lease, your cousin will become the tenant, but it is necessary for you to obtain a release from the landlord. If you do not obtain a release, you will remain responsible for the rent. A release will be a new agreement which releases you from all your obligations as a tenant. Once the release is signed, your cousin becomes responsible for all obligations under the lease.

See Also

Other FAQs in Renting a Place to Live
General	Laws	Offences	Privacy	Security (Damage) Deposits
Tenants	Abandonment	Before the Tenancy	Damage Deposits	Enforcing Court Orders	Eviction	Inspections	Landlord Obligations
	Lease & Residential Tenancy Agreement	Moving to Alberta from Another Province	Non-Refundable Fees	Notices	Rent	Repairs	Rights
	Safety & Security	Shared Accommodations	Sublet or Assign Lease	Tenant Obligations	Tenant Remedies	Types of Tenancies
Landlords	Abandonment	Landlord Obligations	Landlord Offences under RTA	Landlord Remedies	Lease & Residential Tenancy Agreement Terms	Notices	Privacy
	Selling Property	Shared Accommodations	Types of Tenancies	Learning More
Other Resources	Legislation	Advice and Assistance	Documents	Websites

This page was last updated in November, 2004.

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