Assignment and subletting: what is the difference?
An assignment is a transfer of your tenancy to another person. The replacement tenant generally takes over the rental arrangement for the remaining term, subject to the landlord’s legal approval and the terms of the agreement.
A sublet is usually temporary. You remain the tenant under the original lease, allow another person to occupy the unit, and remain responsible to the landlord for obligations such as rent, damage, and compliance with the tenancy agreement. A subtenant’s agreement should be consistent with the original lease and cannot give the subtenant greater rights than you have.
New Brunswick rules for fixed-term leases
New Brunswick’s Residential Tenancies Act applies to residential rental arrangements in the province. The Act restricts a tenant from assigning or subletting without the landlord’s consent, but a landlord should not unreasonably withhold consent. The precise result can depend on the lease, the proposed replacement tenant, and the facts of the request.[1]
A fixed-term lease normally continues until its stated end date unless it is legally ended earlier, replaced by agreement, assigned, or otherwise terminated under the Act. Simply moving out or handing over the keys does not automatically end your obligations. For broader guidance about ending a tenancy early, see What to Do If You Need to Leave Your Rental Before the Lease Expires.
Landlords may reasonably assess a proposed occupant’s ability to pay, references, intended use of the unit, and compliance with occupancy or building rules. A refusal based on a protected characteristic, personal retaliation, or an unreasonable condition may raise a separate legal issue. Ask the landlord to explain a refusal in writing.
Assignment
With a completed assignment, the incoming tenant typically becomes responsible for the tenancy going forward. Obtain a written assignment agreement that identifies the effective date, rent, deposit arrangements, condition of the unit, and each person’s responsibilities. Do not assume that an informal promise releases you from liability unless the documents clearly say so.
Sublet
With a sublet, you usually remain the landlord’s tenant. You should use a written sublease, collect only lawful amounts, provide the occupant with relevant tenancy information, and remain available for communication. Before the subtenant moves in, document the unit’s condition with dated photographs and a written inspection record.
How to request landlord consent
Make the request in writing as early as possible. Identify whether you want an assignment or a sublet, provide the proposed occupant’s name and contact information, state the requested dates, and explain any relevant details about the arrangement. Ask the landlord to respond in writing and keep proof of delivery.
- Submit a written request that identifies the proposed tenant, dates, and type of transfer.
- Provide reasonable supporting records, such as references, proof of income, and consent for any lawful screening.
- Allow reasonable time for the landlord to review the request before the proposed move-in date.
- Keep copies of the request, attachments, delivery proof, response, and all follow-up messages.
Do not move a replacement occupant into the unit before receiving written consent when consent is required. An unauthorized transfer can create a breach of the lease and may expose you to claims for rent, damage, or other losses.
Responsibilities after a sublet or assignment
Clarify responsibility for rent, utilities, repairs, damage, keys, insurance, guests, and the return of any deposit. A tenant who sublets should continue monitoring rent payments and promptly address problems involving the subtenant. An assignee should keep records showing when possession and payment responsibilities changed.
Before the replacement occupant takes possession, complete a written condition report and keep dated photographs. Confirm the number of keys provided and the process for returning them. For general guidance on tenant and landlord duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
If the landlord claims rent or damage, respond in writing and provide your records. A tenant should not deduct disputed amounts from rent without legal advice or an order permitting the deduction.
What if the landlord refuses?
Ask for the refusal and reasons in writing. Review the lease, the proposed occupant’s information, and the timing of your request. You may be able to propose a different qualified person or clarify concerns about payment, occupancy, references, or damage risk.
If you believe consent was unreasonably withheld or the dispute involves rent, possession, or another residential-tenancy issue, contact the New Brunswick Residential Tenancies Tribunal for current information about jurisdiction, applications, service, and hearings. The Tribunal can explain its process, but it cannot provide individual legal advice.
A tenant who needs housing-search help while arranging a lawful move can Find rental homes across Canada on Houseme, while continuing to follow the existing lease until the transfer is properly documented.
Official forms and practical records
New Brunswick does not require tenants to use a special private form for every assignment or sublet request. A clear written request and signed agreement are still important. Check the Tribunal’s current forms and instructions before filing because names, numbering, and delivery requirements can change.
- Written assignment or sublet request: no universal tenant form is required for the request; use a dated letter or email describing the transfer and proposed occupant, such as when a renter is relocating for work.
- Written assignment or sublease agreement: no single mandatory form applies to every arrangement; sign a document stating dates, rent, responsibilities, and possession details before the new occupant moves in.
- Residential Tenancies Tribunal application: use the current Tribunal application or dispute form identified on the official forms page when you need a decision about a tenancy dispute, such as an allegedly unreasonable refusal.
- Evidence package: there may be no separate form, but organize the lease, notices, messages, receipts, photographs, inspection records, and proposed occupant information for filing or a hearing.
Before filing, confirm the correct form, filing method, fee information, service rules, and response deadline directly with the Tribunal. For information about the rental agreement after signing, see What Tenants Need to Know After Signing the Rental Agreement.
FAQ
- Can I sublet my fixed-term rental in New Brunswick?
- You generally need the landlord’s consent before subletting, and the landlord should not unreasonably withhold consent.
- What is the difference between an assignment and a sublet?
- An assignment usually transfers the tenancy to a replacement tenant, while a sublet is generally temporary and leaves the original tenant responsible under the main lease.
- What should I do if my landlord refuses my request?
- Ask for the refusal and reasons in writing, review the proposed occupant’s information, and contact the New Brunswick Residential Tenancies Tribunal about the available dispute process.
How-To
- Review your fixed-term lease and decide whether an assignment or a temporary sublet fits your situation.
- Send the landlord a written request with the proposed occupant’s details, dates, and supporting information.
- Wait for written consent and clarify any reasonable conditions before the occupant moves in.
- Sign a written assignment or sublease and document the unit’s condition, keys, rent, and responsibilities.
- Contact the Residential Tenancies Tribunal if a tenancy dispute cannot be resolved and confirm the current application process.
Help and Support / Resources
- New Brunswick renting information and Residential Tenancies Tribunal
- New Brunswick landlord and tenant forms and information
- New Brunswick Residential Tenancies Act
