Subletting and Assigning a Lease in Newfoundland and Labrador: Key Steps for Tenants

If you’re a tenant in Newfoundland and Labrador and need to move before your lease ends, you might be wondering whether you can sublet or assign your tenancy to someone else. Subletting and assignment are two legal tools that allow tenants to transfer their tenancy—either temporarily or permanently—to another person, often when circumstances change unexpectedly. Knowing your rights and the correct process under local laws is essential to avoid disputes or unexpected costs.

Understanding Subletting vs. Assignment

In Newfoundland and Labrador, tenants can choose to either sublet or assign their rental unit. While these terms are sometimes used interchangeably, they have specific legal meanings:

• Subletting: You temporarily move out and allow someone else to live in your rental for a set time. You remain responsible for the lease and the rent.
• Assignment: You permanently transfer all your rights and responsibilities under the lease to a new tenant. After assignment, you are generally released from future obligations.

Legal Framework and Tribunal Information

All tenancy matters—including subletting and assignment—are governed by the Residential Tenancies Act, 2018 in Newfoundland and Labrador.^[1] The official body handling disputes and questions is the Residential Tenancies Section, Service NL.^[2]

The Process: Requesting Landlord Consent

Tenants must always obtain written consent from their landlord before subletting or assigning a lease. Landlords cannot unreasonably refuse a request, but must reply within 7 days after receiving it in writing. If they don’t reply in time, the law considers it approved.

Key Steps for Tenants

• Refer to your lease for any rules about subletting or assignment
• Send your request to the landlord in writing (keep a copy for your records)
• Wait for the landlord’s response (7 days maximum)
• If your request is approved, move on to the appropriate paperwork below

Essential Forms for Subletting or Assignment

To formalize your request, use these official forms provided by the Residential Tenancies Section:

• Request for Assignment or Subletting (Form RTB-201) – Use this form to apply for landlord consent.
  Download the form here (PDF).^[3]
• Notice/Consent to Sublet or Assign (Form RTB-202) – If your request is approved, complete this form with the new tenant and the landlord.
  Download the form here (PDF).^[4]

An example: Jane finds a new job in another city but has 8 months left on her lease. She emails her landlord with the completed RTB-201 form, asking to assign her lease. Her landlord agrees, so Jane, her landlord, and the new tenant sign Form RTB-202 to officially transfer the lease.

What Happens After Subletting or Assignment?

After a sublet, you remain on the original lease and are still responsible for rent and damages. In an assignment, your legal relationship with the landlord ends and the new tenant takes over fully. It’s important to keep all paperwork and confirmation in case of future disputes.

For more insight on obligations throughout your lease, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained. If you’re planning a full move-out, you may want to explore How to Properly End Your Rental Agreement as a Tenant.

Common Issues and Tenant Rights

Sometimes, a landlord may try to refuse your request without a valid reason, or may ask for extra fees not permitted by law. In these cases, you can contact the Residential Tenancies Section to file a complaint or request a hearing.

Understanding your rights is crucial. For more information on your legal protections, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

If you’re looking for a new place, Find rental homes across Canada on Houseme for a wide selection of listings.

Frequently Asked Questions

1. Can my landlord refuse my request to sublet or assign?
   Landlords can only refuse with valid reasons, such as concerns about the proposed tenant’s suitability. Silence for 7 days counts as approval.
2. What is the difference between subletting and assigning?
   Subletting is temporary—you’ll return; assignment is permanent—you transfer the lease and move on.
3. Do I need to pay extra fees to sublet or assign my apartment?
   Landlords may charge reasonable expenses (e.g., advertising), but cannot impose arbitrary fees or make a profit from the transfer.
4. What happens if there is damage during the sublet?
   For sublets, you remain responsible; for assignments, only the new tenant is responsible after transfer.
5. Where can I get help if there are problems?
   Contact the Residential Tenancies Section, Service NL for neutral assistance and dispute resolution.

Conclusion: Key Takeaways

• Always get written landlord consent before subletting or assigning your lease
• Use the official forms to protect yourself and clarify responsibilities
• If problems arise, seek help from the Residential Tenancies Section

By following these steps, you can smoothly sublet or assign your rental—and avoid common pitfalls.

Need Help? Resources for Tenants

• Residential Tenancies Section, Service NL: Government resources, forms, and dispute resolution
• Legal Aid NL: Assistance for qualifying tenants
• Public Legal Information Association of NL: Free legal education and tenant information

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Residential Tenancies Section, Service NL
3. Request for Assignment or Subletting (Form RTB-201)
4. Notice/Consent to Sublet or Assign (Form RTB-202)

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