Subletting vs assigning
Subletting means the original tenant stays legally responsible to the landlord while letting another person live in the room and pay rent to the tenant. Assigning transfers the tenant's entire tenancy to someone new so the new occupant becomes the tenant under the original agreement. Both options affect security of tenure, responsibility for rent, and who handles repairs.
Do you need landlord permission?
Most written tenancy agreements include a clause about subletting and assigning. If your lease requires landlord permission, ask in writing and keep proof. If the lease is silent, request written consent anyway to avoid disputes. When asking, explain who will live there, how rent will be paid, and whether utilities or house rules change.
- Write a clear request that says who will move in, the proposed start date, and whether they will pay rent directly or through you.
- Include references or background info for the proposed occupant (employment, rental history) to address landlord concerns.
- Attach a proposed sublease or assignment agreement and ask for written consent before the new occupant moves in.
What to include in a sublease or assignment
- How rent will be paid: amount, due date, and who receives payments.
- Which room or spaces the occupant may use and any shared area rules.
- Who is responsible for repairs and reporting maintenance issues.
- Length of the sublet/assignment and what happens if either party wants to end it early.
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Official forms and where to file disputes
Key official resources in Alberta include the Residential Tenancies Act and the Residential Tenancy Dispute Resolution Service. The Act sets out basic rules for tenancy relationships and obligations, while the RTDRS hears many tenant-landlord disputes and accepts applications if you cannot resolve the issue with your landlord directly[1][2].
Important Alberta forms and when to use them
- Application to the Residential Tenancy Dispute Resolution Service (RTDRS): use this when you and the landlord cannot agree on issues like permission to sublet, unpaid rent, or damages; for example, file an application if a landlord refuses consent and you believe the refusal is unreasonable and causing you financial harm.
- Sample or standard Residential Tenancy Agreement: review or attach this when proposing an assignment or sublet so the landlord can see the terms you suggest; for example, attach a signed sublease that mirrors the original tenancy terms except for the occupant name change.
When you refer to or submit official forms, keep copies and a timeline of communications in case you later need evidence for a dispute or application.
When a landlord says no
If a landlord refuses permission to sublet or assign, ask for the reason in writing and check your tenancy agreement and the Residential Tenancies Act to confirm rights and obligations. If you cannot resolve the issue informally, you can consider applying to the RTDRS for a decision. Prepare evidence such as your written request, the proposed sublease or assignment, and any supporting documents from the proposed occupant.
- Gather documents: copies of messages, proposed agreements, and references from the new occupant.
- Note dates: when you asked for permission and any deadlines the landlord gave.
- If filing with the tribunal, explain clearly what you asked for and why the landlord's refusal is unfair or causes harm.
FAQ
- Can I sublet or assign without landlord permission in Alberta?
- No. You should get written landlord permission before subletting or assigning; check your tenancy agreement and seek written consent to avoid disputes.
- Who stays responsible for repairs and rent in a sublet?
- The original tenant usually remains legally responsible to the landlord for rent and repairs unless the tenancy is formally assigned and the landlord accepts the new tenant as the primary tenant.
- What if the landlord refuses consent to an assignment or sublet?
- If you cannot reach agreement, you may apply to the Residential Tenancy Dispute Resolution Service for a decision; include written requests, proposed agreements, and supporting documents with your application.
How-To
- Prepare a written request describing who will live in the room, start date, and how rent will be paid.
- Draft a proposed sublease or assignment that mirrors the original tenancy terms and include it with your request.
- Send the request and documents to the landlord by email or recorded delivery and keep copies and date stamps.
- Wait for a written response; if the landlord sets conditions, get those in writing before proceeding.
- If the landlord refuses, collect evidence and consider filing an RTDRS application to seek an impartial decision.
- If consent is granted, sign and keep copies of the signed consent and sublease or assignment; provide the new occupant with house rules and move-in instructions.
Key Takeaways
- Always request landlord permission in writing and attach a clear sublease or assignment agreement.
- Keep thorough records of requests, responses, and payments to protect your rights.
- If you cannot resolve a refusal, the RTDRS is the Alberta forum to apply to for a decision.
Help and Support / Resources
- Residential Tenancy Dispute Resolution Service (RTDRS) - help and applications
- Residential Tenancies Act (legislation and guidance)
- Service Alberta - tenancy agreements and official forms
