How to Legally Transfer Your Lease in Manitoba: Subletting & Assignment

If you're a tenant in Manitoba and your living situation has changed, you might need to move before your lease ends. Fortunately, Manitoba law allows tenants to transfer a lease through subletting or assignment. This article explains your options under the Residential Tenancies Act, what steps to take, the official forms required, and where to get help.

Subletting vs. Lease Assignment in Manitoba

Understanding the difference between subletting and assignment is key:

• Subletting means you temporarily rent your place to someone else but plan to return before your lease ends. You remain responsible for the rental agreement.
• Assignment means transferring the rest of your lease to a new tenant—they take over your rights and responsibilities entirely, and you move out for good.

Both options require your landlord's consent, but landlords cannot unreasonably refuse as outlined in Manitoba's Residential Tenancies Act^[1].

Legal Requirements & Tenant Rights

According to the Tenant Rights and Landlord Rights in Manitoba, tenants have the right to request permission to sublet or assign their lease. Manitoba law outlines the required process and landlord's responsibilities, ensuring fair treatment for tenants in these situations.

Written Request is Mandatory

Tenants must submit a written request to their landlord if they want to sublet or assign the rental unit. The request should:

• State whether you are asking to sublet or assign
• Include the name and contact information of the potential new tenant
• State the proposed dates (for sublets)

Your landlord must respond within seven days. If they don't, it's considered consent by default. Refusal must be reasonable and in writing.

When Would Subletting or Assignment Make Sense?

• Temporary relocation (e.g. work, travel): Consider subletting.
• Permanently leaving: Assignment releases you from the lease entirely.

How to Apply: Required Forms for Subletting and Assignment

Manitoba tenants use official forms from the Residential Tenancies Branch. The main forms are:

• Application for Sublet or Assignment (RTB Form): Used to request formal permission from your landlord to sublet or assign your lease. Include all requested information and deliver a copy to your landlord.
• Standard Rental Application (RTB Form): Your replacement or subtenant may be required to complete this so the landlord can assess them, but the landlord cannot charge an application fee.

Example: If you are a university student leaving for a semester abroad, fill out the Application for Sublet or Assignment, provide your landlord with your friend’s contact details, and wait for their response before proceeding.

What if Your Landlord Refuses?

If your landlord refuses to consent and you think it's unreasonable, you can apply to the Manitoba Residential Tenancies Branch for a decision. They handle disputes formally and can order the landlord to allow the sublet or assignment.

Responsibilities After Subletting or Assignment

• In a sublet, you remain responsible for the obligations of the lease (like unpaid rent or damages) until you return.
• In an assignment, all rights and responsibilities fully transfer to the new tenant.

Be sure that you and the other party understand your ongoing obligations. For more about tenancy duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What About Deposits and Initial Inspections?

Security deposits usually stay with the rental unit. If you assign your lease, the landlord should transfer the deposit to the new tenant at the end of the tenancy. To help with your move, check What to Do If You Need to Leave Your Rental Before the Lease Expires.

Step-by-Step: Sublet or Assign Your Lease in Manitoba

Here is a straightforward process tenants can follow:

• Review your lease for any terms about transfer, sublet, or assignment.
• Download and complete the Application for Sublet or Assignment form.
• Find a suitable subtenant or assignee and provide their details to the landlord.
• Submit the form with necessary information to your landlord in writing.
• Wait for the landlord’s written response within 7 days.
• If approved, finalize arrangements with the new tenant (move-out date, keys, transfer of responsibilities).
• If denied for an unreasonable reason, contact the Residential Tenancies Branch to resolve the dispute.

A smooth transfer relies on clear communication and proper documentation.

FAQ: Subletting & Lease Assignment in Manitoba

1. Does my lease need to specifically allow subletting or assignment?
   No. Even if your lease is silent on subletting/assignment, Manitoba’s Residential Tenancies Act allows you to request permission. Landlords still must not unreasonably refuse.
2. How long does my landlord have to respond to my sublet or assignment request?
   Your landlord must respond within 7 days. If not, their silence is treated as consent by law.
3. Can my landlord charge me a fee for subletting or assigning?
   No. Landlords cannot charge administrative or processing fees for considering sublet or assignment requests.
4. Am I still responsible for the unit after I sublet or assign?
   If you sublet, you remain responsible; if you assign, all obligations transfer to the new tenant.
5. Who handles disputes about subletting or assignment?
   The Manitoba Residential Tenancies Branch oversees all rental disputes, including sublets and assignments.

Key Takeaways for Manitoba Tenants

• Manitoba tenants have legal rights to apply for subletting or lease assignment with their landlord’s consent.
• Always use the official forms and communicate in writing for protection.
• When in doubt, contact the Residential Tenancies Branch for guidance or dispute resolution.

If you're beginning your search for a new rental, Find rental homes across Canada on Houseme and discover your next home with ease.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch: Forms, information, and complaint process
• Official Rental Forms – Manitoba Government
• Legal Aid Manitoba: Free and low-cost legal advice for qualifying tenants
• Tenant Rights and Landlord Rights in Manitoba: Your rights explained

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1. Manitoba Residential Tenancies Act, s. 77–80
2. Residential Tenancies Branch of Manitoba – https://www.gov.mb.ca/cca/rtb/
3. Official Rental Forms (Manitoba Government) – https://www.gov.mb.ca/cca/rtb/resources/forms.html

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