How to Legally Transfer or Sublet a Lease in New Brunswick

If you're renting in New Brunswick and need to move before your lease ends, you may be able to sublet your unit or assign your lease to another tenant. Understanding these processes can save you stress, money, and potential legal issues. This article explains New Brunswick's rules for subletting and assignment, the correct forms to use, and your rights as a tenant under provincial law.

Subletting vs. Assignment: What’s the Difference?

Before transferring your lease or rent to someone else, it's important to know the difference:

• Subletting means you temporarily leave your rental and allow another person (the subtenant) to live there under your lease, but you retain responsibility for the lease.
• Assignment means you permanently transfer your lease agreement to another person (the assignee), and they take over your legal responsibilities and rights.

Both options have specific rules under the Residential Tenancies Act (New Brunswick)^[1].

When Can You Sublet or Assign Your Lease?

In New Brunswick, most tenants in a fixed-term or periodic tenancy can request to sublet or assign their lease with their landlord's written consent. Landlords are not allowed to "unreasonably refuse" such requests. However, you must make this request in writing and may need to provide details about the new renter.

How to Make a Subletting or Assignment Request

Follow these steps to start the process:

• Identify whether you want to sublet (temporary) or assign (permanent).
• Find a suitable replacement tenant. It's often your responsibility to find a candidate.
• Write a formal request to your landlord. Include information about the new tenant and whether you're asking for a sublet or assignment.
• Wait for your landlord’s written decision. They must answer "within seven days" of receiving your request.
• If your landlord refuses, they must provide written reasons. Unreasonable refusal can be challenged by tenants.

If your landlord approves, the new tenant may need to fill out a new lease, or the landlord may require them to meet "reasonable" screening criteria (such as credit or background checks). For assignments, you are usually released from all future obligations after the transfer. For sublets, you remain legally responsible for the tenancy until the end of your lease.

Required Forms and Where to Find Them

• Notice of Assignment or Sublet (Form 2): Used to formally request permission from your landlord to assign or sublet the rental unit.
  Example: If you have accepted a new job in another city for six months, use this form to ask your landlord for permission to sublet your apartment while you are away.
  Download the Notice of Assignment or Sublet - Form 2 (PDF)
• New Lease or Assignment Agreement: After approval for an assignment, the landlord and new tenant should sign a new lease agreement so all obligations are clear.

Use these forms as required, and always keep copies for your own records.

Your Rights and Responsibilities

While subletting or assigning, you must continue fulfilling all your tenant obligations until the process is complete. The new tenant must agree to the same terms of the original lease. For full details about your legal duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Ending Your Tenancy Early

Can't find a subtenant or assignee? You may still end your lease, but you could face penalties, such as paying the remainder of rent until a new tenant is found. Learn more at What to Do If You Need to Leave Your Rental Before the Lease Expires.

Where to Get Help or Make a Complaint

The Residential Tenancies Tribunal (New Brunswick) handles complaints if you believe your landlord is unreasonably refusing your request. You can apply for dispute resolution using the tribunal’s official forms and process.

For more about tenant and landlord laws in your province, see Tenant Rights and Landlord Rights in New Brunswick.

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Frequently Asked Questions About Lease Transfers in New Brunswick

1. Can my landlord charge me a fee to sublet or assign my lease?
   Landlords in New Brunswick can only charge "reasonable administrative costs" for processing a sublet or assignment. Excessive fees are not allowed.
2. How long does my landlord have to respond to a sublet or assignment request?
   Your landlord must respond in writing within 7 days. If no response is given, it's considered as granted by default.
3. Am I still responsible for my lease after assigning it to someone else?
   No. Once the assignment is approved and completed, all responsibility moves to the new tenant.
4. What if my landlord refuses my request?
   If your landlord unreasonably refuses, you can apply to the Residential Tenancies Tribunal to resolve the dispute.

Key Takeaways

• Subletting is temporary; assignment is permanent.
• Always get landlord approval in writing using the correct form.
• Landlords cannot refuse reasonable requests or charge excessive fees.
• For help, contact the Residential Tenancies Tribunal or see official tenant resources.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal - New Brunswick (Dispute resolution, information, forms)
• Service New Brunswick - Renting and Leasing (General tenant support)
• Or contact local tenant advocacy groups for advice or help with forms.

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal (New Brunswick)
3. Notice of Assignment or Sublet - Form 2

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