Subletting and Assigning Your Lease: Rights for BC Tenants

Subletting or assigning a lease can be the solution if you need to move before your rental agreement ends in British Columbia. Understanding your legal rights, required procedures, and potential risks ensures a smoother experience for tenants and landlords alike.

Understanding Subletting and Assignment in BC Rentals

The Residential Tenancy Act of British Columbia details all tenant and landlord rules for renting. Subletting means allowing someone else to take over your rental for a set period, while you remain responsible for the lease. Assigning a lease means transferring the agreement to a new tenant, and afterward, you are no longer responsible for the tenancy.

• Sublet: You intend to return before your rental term ends. You stay on the lease.
• Assignment: You want to permanently end your responsibility and transfer the lease fully to someone new.

When Can You Sublet or Assign?

Under BC law, tenants may request permission to sublet or assign their rental unit. The landlord cannot unreasonably refuse your request—this is a legal right. If you are refused, you can apply to the British Columbia Residential Tenancy Branch for resolution (Residential Tenancy Branch).

How to Request a Sublet or Assignment

• Written Request: Tenants must make the request to the landlord in writing before offering the unit to someone else.
• Landlord's Timeframe: Landlords must respond within a reasonable period. If they do not respond or refuse without a valid reason, tenants have rights to challenge.

Required Forms & How to Use Them

Official forms are essential when legally transferring or subletting your lease. Here’s what you need:

• Request for Consent to Assign or Sublet - Form RTB-35. Use this form to officially ask your landlord for permission. Download from the Residential Tenancy Branch. Complete it and deliver to your landlord (by hand or registered mail is recommended).
• If your landlord refuses, apply for dispute resolution using Application for Dispute Resolution – Form RTB-12. Locate it on BC government site. Submit to the Residential Tenancy Branch along with your evidence.

For more details on your obligations as a tenant after changing lease arrangements, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Risks and Best Practices

If you sublet, you are still responsible for the rent and condition of the unit—even if you are away. If you assign, you hand off all legal obligations, but only if the assignment is done properly.

What Happens if You Need to Leave Early?

If you can no longer stay in your rental, subletting or assigning may protect you from penalties. Learn more about your options in What to Do If You Need to Leave Your Rental Before the Lease Expires.

Accessible and Non-Discriminatory Sublet/Assignment

Landlords cannot refuse consent based on discrimination protected under the BC Human Rights Code (for example, on the basis of race, family status, disability, or other protected grounds). If you believe a refusal is for a discriminatory reason, consider filing a human rights complaint or seeking guidance from the Residential Tenancy Branch.

For More on BC Tenant Rights

For a broad overview, visit Tenant Rights in British Columbia.

Looking for a new place or potential sublet opportunities? Explore Houseme for nationwide rental listings to find options that meet your needs anywhere in Canada.

Frequently Asked Questions About Subletting and Assigning in BC

1. Can a landlord refuse my request to sublet or assign in BC?
   Landlords cannot unreasonably refuse a request. If your landlord denies your sublet or assignment and you believe it’s unfair, you can apply for dispute resolution with the Residential Tenancy Branch.
2. Am I still responsible for rent if I sublet my unit?
   Yes. In a sublet, you remain legally responsible for rent payments and the unit’s condition until the end of your lease or until an assignment is completed.
3. Is there a fee for submitting the forms?
   The Request to Assign or Sublet form (RTB-35) is free to use. However, a filing fee applies when submitting an Application for Dispute Resolution (RTB-12) to the Residential Tenancy Branch.
4. Do I need written proof when subletting or assigning?
   Yes—always obtain written permission and keep copies of all documents and forms exchanged between you and your landlord.

Conclusion: Key Points to Remember

• You have a legal right in BC to request subletting or assignment; consent cannot be unreasonably withheld.
• Use official forms (RTB-35 for requests, RTB-12 for disputes) and keep records.
• Contact the Residential Tenancy Branch or seek help if you face a dispute or possible discrimination during the process.

Need Help? Resources for Tenants

• BC Residential Tenancy Branch — official forms, dispute resolution, and information
• Tenant resource centres in your city (for example, TRAC: Tenant Resource & Advisory Centre in BC)
• The BC Human Rights Tribunal — for issues of discrimination
• Tenant Rights in British Columbia

1. BC Residential Tenancy Act — Read the legislation
2. Residential Tenancy Branch — Official BC Tenancy Info and Forms
3. Request for Consent to Assign or Sublet, Form RTB-35 — Government PDF Form
4. Application for Dispute Resolution, Form RTB-12 — Government PDF Form
5. BC Human Rights Tribunal — Access Here