There may come a time when circumstances change and you need to leave your rental before your lease is up. In Alberta, tenants have the right to sublet or assign their rental unit under certain conditions. Understanding the difference between subletting and assignment—and knowing how to properly transfer your lease—helps protect your rights and avoid legal or financial issues.

Understanding Subletting vs. Assignment in Alberta

Both subletting and assignment let tenants transfer their rental arrangements, but there are key differences:

• Subletting: You temporarily rent your place to someone else but remain responsible for the lease; you plan to move back in after a period.
• Assignment: You transfer your entire lease to a new tenant and do not intend to return; the new tenant takes over all responsibilities.

In Alberta, both subletting and assignment are allowed for fixed-term leases, but require the landlord's written consent. The Residential Tenancies Act (RTA) sets out the rules and procedures¹.

When Can You Sublet or Assign?

You can ask to sublet or assign at any point during a fixed-term lease. It's important to check your rental agreement for extra rules. The landlord cannot unreasonably refuse your request, but they may have approval rights over the subtenant or assignee.

Key Points to Remember

• Written consent from your landlord is always needed.
• Your landlord can only refuse with a valid reason (e.g., potential subtenant does not meet normal rental criteria).
• You may be charged reasonable administrative fees.
• Until assignment is complete, you remain responsible for rent and damages, even if you've moved out.

For those navigating the end of a lease early, see What to Do If You Need to Leave Your Rental Before the Lease Expires for alternative options and tips.

Official Forms for Subletting and Assignment

There is no mandatory government-issued form specifically for subletting or assigning a lease in Alberta, but tenants routinely use a written request and an agreement signed by both parties and the landlord. Common practice includes:

• Written Request to Landlord: Send a letter/email requesting permission to sublet or assign, stating your reason, the dates, and the proposed new tenant's details.
• Sublease or Assignment Agreement: Once approved, both the outgoing and incoming tenant (plus the landlord) should complete a written agreement spelling out terms.

Example: If you're moving out for four months but plan to return, you ask your landlord in writing if you can sublet. You introduce your replacement, and if the landlord agrees, you all sign a sublet agreement. If you're moving and not coming back, you request an assignment instead.

Legal Protections and Your Rights

Whether subletting or assigning a lease, Alberta law requires landlords to treat incoming tenants fairly and cannot charge more than reasonable application or admin fees. Your security deposit is also protected under the RTA; remember to How to Get Your Security Deposit Back with Interest When Moving Out after transferring your lease or when your tenancy ends.

For a full look at your rights under Alberta law, visit Tenant Rights and Landlord Rights in Alberta. This includes details on deposits, repairs, and maintenance during a sublet or after an assignment.

What Happens After Assignment?

After a successful assignment:

• The new tenant is now responsible for all lease obligations.
• You are released from future responsibility if the assignment is complete and in writing.

If you have questions about your duties during sublet or assignment, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Official Tribunal and Relevant Legislation

Alberta's Residential Tenancy Dispute Resolution Service (RTDRS) resolves disputes between landlords and tenants, including issues around subletting, assignment, or landlord refusals.

Key Legislation: Residential Tenancies Act (RTA)

For current apartments and housing options, you can Find rental homes across Canada on Houseme using advanced search tools and listings nationwide.

Frequently Asked Questions: Sublet and Assignment in Alberta

1. Can my landlord refuse my sublet or assignment request?
   Your landlord must have a valid reason to refuse, such as the replacement tenant not meeting their usual screening criteria. The refusal should be in writing with an explanation.
2. Is there an official government form for subletting or assignment?
   No, but you must make your request and agreement in writing. Always keep copies of all correspondence for your records.
3. If I sublet, am I still responsible for rent and damages?
   Yes, during a sublet, you remain responsible for the lease until you return or share different terms in writing. After a proper assignment, the new tenant takes over your obligations.
4. What should I do if I want to leave my rental before the lease ends?
   Explore subletting, assignment, or talk to your landlord about an agreement to end the lease early. Full details and steps are in What to Do If You Need to Leave Your Rental Before the Lease Expires.

Conclusion: Key Takeaways

• Tenants in Alberta can sublet or assign their leases with landlord consent, and must follow proper procedures in writing.
• Your responsibilities depend on whether you are subletting (still responsible) or assigning (new tenant is responsible).
• Keep all agreements and communications documented to protect your rights.

Understanding your options for transferring a lease helps you handle unexpected life changes while following Alberta tenancy law.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): Handles tenancy disputes, including sublet and assignment issues.
• Service Alberta: Landlords and Tenants: Official provincial information, fact sheets, and resources.
• For general advice, see Tenant Rights and Landlord Rights in Alberta for clear explanations of laws and protections.

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1. Residential Tenancies Act (RTA), Alberta, official legislation details
2. Residential Tenancy Dispute Resolution Service (RTDRS): RTDRS information and applications
3. Service Alberta – Tenancy Fact Sheets: Official tenant/landlord resources

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