Subletting and Assigning a Lease: Alberta Tenant Rights Explained

Thinking about moving out temporarily or passing your lease to someone else? In Alberta, subletting and assigning a lease can help tenants adapt without breaking their rental agreement. Understanding the rules ensures that your rights—and your landlord's—are protected throughout the process.

What Is the Difference Between Subletting and Assigning a Lease?

Before taking action, it's important to know the distinction:

• Subletting: You (the original tenant) temporarily rent out your unit to another person (the subtenant), but you remain responsible to the landlord for the lease. You may return to the unit when the sublease ends.
• Assigning: You permanently transfer all your rights and responsibilities under the lease to someone else. After assignment, the new tenant deals directly with the landlord.

Alberta’s Rules for Subletting and Assignment

Under Alberta's Residential Tenancies Act, tenants must get their landlord’s written consent before subletting or assigning a lease. Landlords can’t unreasonably refuse, but they may require the incoming tenant to meet the same screening criteria as the original tenant.^[1]

When Should You Consider Subletting?

Subletting can make sense if you are:

• Leaving the province for work, travel, or school but plan to return
• Not ready to end your lease permanently

Assignment is better if you need to move out for good and want someone else to take over the lease.

Step-by-Step: How to Sublet or Assign Your Rental in Alberta

Here’s a summary of the process to help you stay on the right side of the law:

• Check your lease for any terms on subletting or assignment. Some agreements have specific rules or restrictions, but they cannot override Alberta’s laws.
• Notify your landlord in writing of your request to sublet or assign your lease. Include details about the proposed new tenant or subtenant.
• Wait for landlord approval. The landlord cannot say no without a good reason. If they refuse, they have to provide a valid explanation.
• Use the correct form: While Alberta does not have a standardized government form for subletting or assignment, it’s important to document the agreement in writing. A sample agreement is available from Alberta government’s assigning and subletting page.
• Upon assignment, ensure the landlord directly deals with the new tenant from the assignment date onward.

Key Forms: What You Need for Subletting or Assignment

• Written Request for Consent: There is no official form number; write a clear letter/email requesting landlord’s consent.
  Example: If you’re going away for a semester, email your landlord explaining your situation and introduce your preferred subtenant.
• Tenant-Generated Assignment/Sublet Agreement: Customize and sign an agreement with all parties. Download a template and instructions directly from the Alberta government assigning and subletting a rental property page.

Keep copies of all written communication and signed documents. If a dispute arises, this paperwork is crucial.

Your Rights and Responsibilities During the Process

Many tenants wonder about financial and legal responsibilities while subletting or assigning:

• During a sublet, you remain responsible to your landlord for rent and any damages caused by the subtenant.
• After a proper assignment, your obligations to the unit—and the landlord—officially end.
• Security deposits usually remain with the landlord, not the subtenant or assignee.

For a deeper look at tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What if the Landlord Refuses Consent?

Landlords must have good reasons to refuse subletting or assignment—like a poor rental history of the incoming party. If you believe the refusal is unfair, you can apply for a dispute resolution.

• The Residential Tenancy Dispute Resolution Service (RTDRS) resolves rental disagreements quickly and affordably. Visit the RTDRS official website to learn more or file an application.

It is a good idea to keep records of all interactions for a smoother process.

Ending Your Lease Early: What Are Your Options?

If you need to move before your lease ends and subletting or assigning is not possible, learn more by reviewing What to Do If You Need to Leave Your Rental Before the Lease Expires. Always discuss options with your landlord and follow the proper procedure to avoid penalties or loss of your deposit.

For more on Alberta’s rules, see Tenant Rights and Landlord Rights in Alberta.

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Frequently Asked Questions

1. Can my landlord refuse my request to sublet or assign my lease?
   Landlords in Alberta cannot unreasonably refuse requests. However, they can require the new tenant or subtenant to meet normal screening requirements. If your request is denied without a valid reason, you can apply to the RTDRS for help.
2. Am I responsible for rent if I sublet my unit?
   Yes. If you sublet, you remain responsible for rent and damages unless your lease is assigned to another tenant with landlord approval.
3. Do I need a written agreement to sublet or assign my rental?
   Absolutely. Written agreements help protect all parties and provide clarity about rights and responsibilities. Alberta recommends documenting consent and the arrangement.
4. What happens to my security deposit when I assign my lease?
   The deposit usually remains with the landlord. It is often transferred to the new tenant, but this should be clearly documented.
5. Who handles disputes over subletting or assignments in Alberta?
   The Residential Tenancy Dispute Resolution Service (RTDRS) manages these disputes quickly and effectively.

Summary and Takeaways

• Always get your landlord’s written consent before subletting or assigning your lease.
• Use written agreements to protect your rights during the process.
• Disputes can be addressed through Alberta’s RTDRS to ensure fair treatment for both tenants and landlords.

In summary, being clear and proactive helps prevent issues and protects your tenancy rights in Alberta.

Need Help? Resources for Tenants

• Alberta Government: Assigning and Subletting a Rental Property
• Residential Tenancy Dispute Resolution Service (RTDRS) – for disputes and filing applications
• Tenant Resources & Advocacy – for advice and support services
• Tenant Rights and Landlord Rights in Alberta

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1. Alberta Justice. Residential Tenancies Act (current as of 2024).
2. Government of Alberta. Assigning and subletting a rental property.
3. Residential Tenancy Dispute Resolution Service (RTDRS). Official RTDRS page.

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