Subletting and assigning tenancies

A sublet is when a tenant moves out of their rental unit and allows someone else to live there temporarily. An assignment is when a tenant finds someone to take over their tenancy agreement. Tenants need written permission from the landlord to sublet a rental unit or assign a tenancy agreement. 

On this page: 

• Sublets are temporary
• Assignments are permanent
• Sublets and assignments are conditional
• Tenant responsibilities
• Tenant rights
• Landlord responsibilities
• Landlord rights
• Resources
• I need help

Sublets are temporary

A sublet is when a tenant temporarily moves out of their rental unit and rents their unit to another tenant (subtenant) until they return. The original tenant must sign a new tenancy agreement (a sublease) with the subtenant. 

Landlords and sub-tenants don't have a contractual relationship

When a sublet happens, the original tenant becomes the sub-tenant's landlord. The sub-tenant has the same rights and obligations outlined in the original tenancy agreement. 

Assignments are permanent

An assignment is when a tenant permanently moves out and transfers their tenancy agreement to a new tenant. This usually happens when a tenant wants to get out of a fixed-term tenancy early.  

The original tenancy agreement still applies 

When a tenancy is assigned, the new tenant takes on all the rights and responsibilities of the original tenancy agreement. For example, if the original tenancy agreement had a no pet clause, the new tenant would not be allowed to get any pets.

The new tenant and the landlord can also agree to new terms or sign a new agreement. 

• Learn more about tenancy agreements 

Sublets and assignments are conditional 

Tenants can only sublet or assign a tenancy if:

The tenant has the landlord's written agreement 

A tenant must have their landlord's written permission before subletting or assigning their tenancy. A landlord can't unreasonably refuse a sublet or assignment if there are six months or more remaining on the tenancy term. 

The tenant has an order 

Tenants can sublet or assign their tenancy if they have an order from the Residential Tenancy Branch (RTB) allowing them to do so. 

The tenancy agreement allows sublets

Tenants can sublet or assign their tenancy unless it is prohibited in the tenancy agreement. Subsidized housing providers often don't allow for subletting or assignment of tenancies.   

Tenant responsibilities 

Tenant and subtenants must sign a sublease 

The original tenant must sign a sublease agreement with the new tenant during a sublet. 

The original tenant becomes the subtenant's landlord

The original tenant becomes the sub-tenant's landlord when a sublease agreement is signed. The sub-tenant has the same rights and obligations as the original tenancy agreement. The sub-lease agreement must align with the original tenancy agreement. 

Subletting without written permission can lead to eviction

If a tenant sublets or assigns their tenancy without their landlord's written permission, the landlord may serve notice to end the tenancy. This means the tenancy would also end for the subtenant, unless they negotiate a new tenancy agreement with the landlord. 

Tenant rights

Tenants can seek dispute resolution to allow sublets or assignment

If a landlord refuses a request to sublet or assign a tenancy, tenants can seek dispute resolution if they believe the landlord is being unreasonable. Dispute resolution is a process to help resolve conflicts between landlords and tenants.  

Landlord responsibilities

Landlords should agree to sublets or assignments

Landlords can't unreasonably refuse a sublet or assignment of a fixed term tenancy if there are six or more months left in the term. 

Refusal can lead to dispute resolution 

If a tenant requests a sublet or assignment and a landlord reasonably believes that the person won't be able to follow the terms of the tenancy agreement, the landlord can refuse the request. However, the tenant can then seek dispute resolution if they believe that the landlord have unreasonably refused their request. 

Landlord rights

Landlords can conduct checks on new tenants 

Landlords are entitled to ask for information such as credit or reference checks on a potential new tenant. If it appears the potential tenant will not be able to follow the terms of tenancy agreement, a landlord can refuse the request. 

Resources

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