Subletting and Lease Assignment Rules for Manitoba Tenants

If you're a tenant in Manitoba and considering leaving your rental before your lease ends, understanding your rights around subletting and assigning your lease is essential. Manitoba's laws offer specific procedures and protections, whether you need to be away temporarily, or must relocate before your lease is up. This guide explains everything you need to know to navigate subletting and lease assignments safely and legally.

Key Definitions: Subletting vs. Assigning a Lease

Knowing the difference is crucial:

• Subletting: You temporarily rent your unit to someone else (a “subtenant”) but intend to return before the lease ends. You remain responsible for the lease and rent payments throughout the sublet period.
• Assignment: You permanently transfer your tenancy and responsibilities to another person. After an assignment is complete, you are no longer liable for the lease.

Both options require formal landlord approval in Manitoba.

Your Rights: Manitoba Law and Tenancy Protections

In Manitoba, your right to sublet or assign your lease is protected by the Residential Tenancies Act (Manitoba)^[1]. A landlord cannot unreasonably refuse a request to sublet or assign, nor can they charge you extra fees besides reasonable administrative costs. Discrimination based on characteristics like race, gender, or disability is strictly prohibited during this process.

How to Sublet or Assign Your Lease in Manitoba

Here’s a practical overview of the steps involved.

Step 1: Notify Your Landlord in Writing

• Inform your landlord of your intent to sublet or assign, stating whether the arrangement is temporary (sublet) or permanent (assignment).
• Use the offical form “Tenant's Request to Assign or Sublet Rental Unit” (Form RTB-3). Download the form here from the Manitoba Residential Tenancies Branch.

Include details about your proposed subtenant or assignee, if possible.

Step 2: Wait for Landlord's Response

• Your landlord has 7 days to respond after receiving your written request and all necessary information about the replacement tenant.
• They may request further details or references related to the prospective tenant.

Landlords can only deny the request for specific legal reasons, such as insufficient information about the new tenant or legitimate concerns about credit or rental history.

Step 3: Finalizing the Sublet or Assignment

• If approved, arrange for all parties (you, the new tenant, and the landlord) to sign the necessary agreement forms.
• For assignments, responsibility for rent and damages transfers fully to the new tenant after the agreement.
• For sublets, you remain responsible for the lease and payment, even while the subtenant lives in the unit.

If your landlord does not respond within 7 days, or unreasonably refuses your request, you can apply to the Manitoba Residential Tenancies Branch for dispute resolution.

Important Manitoba Forms for Subletting & Assignment

• Tenant's Request to Assign or Sublet Rental Unit (Form RTB-3): Required for all formal applications to sublet or assign.
  Get the form direct from Manitoba government
• Application for an Order (Form RTB-5): Used if you wish to challenge a landlord's refusal at the tribunal.
  Download Form RTB-5

Always keep copies of submitted forms and all correspondence for your records.

Protecting Your Rights During the Process

Understanding your responsibilities when subletting or assigning a lease is vital. Tenants remain responsible for adhering to all terms of the rental agreement and any damages caused by subtenants. Ensure all arrangements are documented, and review your lease for any additional requirements or relevant clauses. For more about general tenant obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If you’re planning to leave before your lease expires, check out What to Do If You Need to Leave Your Rental Before the Lease Expires for additional guidance.

Before moving or handing over your unit, it's wise to complete an inspection and document the unit’s condition. This helps protect your rental deposit and future legal rights.

Discrimination & Accessibility: Your Right to Equal Treatment

Landlords cannot refuse your sublet or assignment request based on discriminatory grounds, such as disability, family status, or other protected characteristics under the Manitoba Human Rights Code. If you face potential discrimination, reach out to the Manitoba Human Rights Commission for support.

More Supports for Tenants in Manitoba

For a detailed overview of provincial tenancy rights and protections, see Tenant Rights and Landlord Rights in Manitoba.

You can also Browse apartments for rent in Canada if you're searching for your next home or temporary accommodation.

Frequently Asked Questions (FAQ)

1. Can my landlord refuse my request to sublet or assign the lease?
   Landlords can only refuse for reasonable legal grounds, such as insufficient information about the replacement tenant, or proven concerns about their ability to pay or follow tenancy rules. They cannot refuse based on discriminatory reasons.
2. Will I still be responsible for damages or unpaid rent if I sublet?
   Yes, as the original tenant, you remain responsible during the sublet period unless the agreement is formally assigned and approved by the landlord.
3. What is the difference between subletting and assigning my lease?
   Subletting is temporary—you retain the lease and responsibility. Assigning transfers all rights and obligations to a new tenant permanently.
4. What if my landlord doesn't respond to my sublet or assignment request?
   If your landlord does not reply within 7 days after you’ve submitted the required information, you may apply to the Residential Tenancies Branch to resolve the matter.

Conclusion: What Manitoba Tenants Should Remember

• You have the right to sublet or assign your lease in Manitoba—your landlord cannot reasonably refuse.
• Always use the correct forms, keep records, and document every step of the process.
• Support is available from Manitoba’s Residential Tenancies Branch and Human Rights Commission if you encounter issues.

Before you make a decision, review your lease, educate yourself on your rights, and coordinate closely with all parties involved. This ensures a smooth transition, protects your finances, and avoids future disputes.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch – Informational guides, forms, dispute resolution, and tenant/landlord support
• Manitoba Human Rights Commission – Discrimination-related questions and complaints
• Manitoba Tenant Rights Hub – FAQs and contact options for tenants
• Tenant Rights and Landlord Rights in Manitoba – Summary of laws and protections

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1. Residential Tenancies Act (Manitoba) – see Part 8: Termination, Subletting, Assignment

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