Subletting and Assignment: A Tenant's Guide

Need to move before your lease ends? Subletting or assignment can help you avoid paying for a space you no longer need.

Subletting

• You rent the unit to a new tenant (subtenant)
• You remain the primary tenant on the lease
• You're still responsible for rent and damages
• The subtenant pays you, you pay the landlord

Assignment

• You transfer your entire lease to a new tenant
• You are released from the lease
• New tenant takes over all obligations
• The new tenant pays the landlord directly

Choose Subletting When:

• You plan to return to the unit
• You're going on temporary assignment
• You're traveling for a few months
• You want to keep your lease for stability

Choose Assignment When:

• You're permanently relocating
• You bought a home
• You want to be released from all liability
• You need to break the lease entirely

Ontario

• Landlord cannot unreasonably refuse sublet or assignment
• Landlord can charge for out-of-pocket expenses
• If landlord refuses without reason, you can give 30 days notice to terminate

British Columbia

• Subletting requires landlord's written consent
• Consent cannot be unreasonably withheld
• Assignment terms vary by lease

Alberta

• Subletting permitted unless lease prohibits it
• Landlord consent required
• Tenant remains liable

Quebec

• Assignment and subletting allowed with landlord consent
• Consent cannot be refused without serious reason
• Tenant can cancel lease if refused

Step 1: Check Your Lease

• Review your lease for subletting/assignment clauses
• Note any restrictions or requirements

Step 2: Find a Subtenant/Assignee

• Post on rental websites (Kijiji, Facebook Marketplace, Rentals.ca)
• Screen applicants carefully (credit check, references, employment)
• Prepare a sublet agreement

Step 3: Get Landlord Approval

• Submit written request with subtenant information
• Include: name, contact info, employment, references
• Landlord typically has 7-14 days to respond

Step 4: Sign Agreements

• For subletting: Sign a sublet agreement with the subtenant
• For assignment: Sign an assignment agreement with the landlord

For Subletting

• Screen subtenants thoroughly
• Collect a security deposit from subtenant
• Maintain rent insurance
• Keep communication in writing
• Inspect the unit before and after

For Assignment

• Get a release from the landlord in writing
• Ensure the assignment is properly documented
• Transfer all utilities
• Update tenant insurance

1. Not Getting Written Approval

• Verbal agreements are hard to enforce
• Always get written landlord consent

2. Failing to Screen Subtenants

• You're liable for their actions
• Do credit checks and reference calls

3. Ignoring Lease Terms

• Some leases prohibit subletting
• Violating can lead to eviction

4. Not Getting a Release

• For assignments, ensure you're released from liability
• Without a release, you can be sued for unpaid rent

Subletting and assignment are useful tools when you need to move early. Always follow provincial rules and get everything in writing. For rental affordability calculations, use our Calculators. The AI Advisor can answer questions about your specific situation.

This guide is for educational purposes only.