As a renter in New Brunswick you may consider assigning your lease or subletting when your circumstances change. Both options let someone else live in your rental unit, but they create different legal relationships, responsibilities, and risks for tenants and landlords. This guide explains the practical differences, how provincial rules affect what you can do, the paperwork you may need, and steps to protect your deposit and record when leaving or staying partially responsible. Whether you plan to move away, need temporary help covering rent, or must end a lease early, these plain-language tips are aimed at helping New Brunswick tenants understand their options and next steps.
What is a lease assignment?
An assignment transfers your entire remaining lease to a new tenant. After a valid assignment, the new tenant takes over obligations and rights under the original lease, and the original tenant is usually released from future liability only if the landlord agrees.
What is a sublet?
A sublet lets another person live in the rental unit while you remain the tenant on the original lease. You keep legal responsibility for rent, damage, and compliance even while the subtenant occupies the unit.
Key legal differences in New Brunswick
In New Brunswick, tenants should check the Residential Tenancies Act and the Residential Tenancies Tribunal rules to understand consent, notice and possible approvals required for assignment or subletting.[2][1]
Consent and landlord approval
- Check your lease for a clause requiring landlord permission before assigning or subletting.
- Keep written records of any permission or refusals to protect yourself in disputes.
Liability and duration
- Assignment typically shifts primary liability to the assignee if the landlord accepts the assignment in writing.
- Subletting keeps the original tenant legally responsible for the lease even while someone else occupies the unit.
When to consider each option
- If you are permanently moving away, an assignment is often cleaner because it ends your ongoing obligations if accepted.
- If you plan to return or need a temporary someone to cover rent, a sublet preserves your original tenancy.
Practical steps for tenants in New Brunswick
- Review your lease for assignment or sublet clauses and any required procedures.
- Ask your landlord for written consent and document all communications.
- Get the new occupant to complete an application or reference check if the landlord requests it.
- Agree in writing on how deposits, rent payments, and utilities will be handled to avoid future disputes.
- If the landlord refuses without a legal reason, consider applying to the Residential Tenancies Tribunal for a decision.[1]
When to involve the tribunal or legal help
If a landlord unlawfully withholds consent or you face disagreement about responsibility for damage or unpaid rent after an assignment or sublet, the Residential Tenancies Tribunal can hear your application.[1] Use the tribunal application form and provide clear documentation: lease copies, written consents or refusals, payment records, and photos of condition.
FAQ
- Can my landlord refuse my request to assign or sublet?
- Yes, a landlord may refuse if the lease allows refusal or if there are reasonable grounds, but an absolute ban in a lease may be subject to provincial law review; dispute decisions can be sought from the tribunal.
- Am I still responsible for rent after I sublet?
- Yes, unless you have an assignment accepted in writing or a separate agreement releasing you, you remain responsible for rent under a sublet.
- What documents should I keep when assigning or subletting?
- Keep the lease, any written landlord consents, the sublet or assignment agreement, rent receipts, move-in/out inspection photos, and communications about the arrangement.
How-To
- Read your lease and note any assignment or sublet clauses and required steps.
- Write a clear request to your landlord explaining the person who will take over or sublet and include references or background.
- Receive written permission or refusal; if refused without reasonable cause, prepare an application for the tribunal with supporting documents.[3]
- Agree in writing how deposit refunds, rent transfers, and final inspections will be handled before the new occupant moves in.
Key Takeaways
- Assignment transfers the lease but may still require landlord approval and documentation.
- Subletting keeps you legally responsible while someone else occupies the unit.
- Document every step and keep copies of written consents, payments, and inspection photos.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act - Government of New Brunswick
- Service New Brunswick tenant information and forms
