Lease Assignment and Subletting in Vancouver BC

Assignment and Subletting

Despite your good intentions to fulfill your lease terms, you may wish to move before the end of your lease period. With the landlord's consent, you may be able to assign or sublet your tenancy and not be liable for future payments. Try to find a replacement tenant who is acceptable to your landlord and ask your landlord to release you from your lease obligations and to sign a new lease with the new tenant. Be sure that any agreements are in writing for your own protection.

What you should know about assignment and subletting:

• tenant shall not assign or sublet the tenancy without landlord's prior written consent
• it is up to the original tenant to seek the landlord's consent
• the landlord's consent cannot be unreasonably withheld if the tenancy agreement is for a fixed period of 6 months or more
• if the landlord refuses the person you have proposed, he must inform you and give you the reasonable explanation
• landlord cannot withhold consent and require a new tenancy agreement in order to increase the rent
• it may be reasonable for the landlord to withhold consent if reference or credit checks of the new tenant are poor
• if a tenant assigns or sublets the residential premises without the landlord’s permission, the landlord may serve a one month notice to end the tenancy
• if a landlord unreasonably withholds consent to assign or sublet the rental unit, the tenant may apply for arbitration

Assignment of tenancy

• in an assignment, the original tenant will not return to the rental unit, giving up all rights to occupy the rental unit for the rest of the tenancy agreement
• the first tenant transfers all obligations and rights under a tenancy agreement to another person
• the new tenant and the landlord sign a new lease
• the landlord takes a new security deposit from the new tenant
• the landlord performs a condition inspection with both, the original and the new tenant
• the original tenant may retain some residual liability, in the event of a failure of the new tenant to carry out the terms of the tenancy agreement or lease
• assignment is a much better and less complicated arrangement than subletting

Subletting (subleasing)

• A sublet is where a tenant with a fixed term lease moves out of the rental unit, lets another person live in it for a period of time, but returns to live in the unit before the lease ends.
• the sub-tenant does not take on any rights or obligations of the original tenancy agreement
• the original tenant (subleassor) becomes the landlord to the sub-tenant(s)
• subleassor is still responsible for missed rent payments and/or damages done by the sub-tenant(s)
• as a subleassor you should sign a written agreement with your sub-tenant, similar to your rental agreement with the landlord
• you should collect a security deposit from the sub-tenant

   -  Do-it-yourself Sublease Agreement Form by LawDepot.com
   -  Do-it-yourself Landlord's Consent to Sublease Form

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