Subletting and Assigning a Lease: Tenant Rights in Newfoundland

If you rent in Newfoundland and Labrador and need to move before your lease ends, subletting or assigning your lease is an important right. Understanding how these processes work protects your rental rights and prevents unexpected headaches with your landlord, your tenant rights, and your rental history.

Subletting vs. Assigning a Lease: What’s the Difference?

In Newfoundland and Labrador, tenants have the legal right—under the Residential Tenancies Act, 2018—to request subletting or assigning their lease. Here’s how they differ:

• Subletting: You, the original tenant, temporarily leave and let someone else rent your place, but you remain responsible for the lease.
• Assigning: You permanently transfer your lease to someone else, and you are no longer responsible for the rental agreement.

Choosing the right option depends on whether you plan to return or are moving out permanently.

Legal Rights and Landlord Consent

A landlord cannot unreasonably refuse a sublet or assignment request. You must request permission in writing, and the landlord must respond within 7 days. If they do not reply in time, it’s considered approved under the law. However, the landlord may screen the new (proposed) tenant for suitability, but cannot demand extra fees or change the rent as a condition.

For a deeper look at tenant and landlord duties in Newfoundland and Labrador, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Official Tribunal and Forms

The Residential Tenancies Office of Newfoundland and Labrador handles disputes about subletting, assignments, and other rental rights.

• Form: Application for Approval to Assign or Sublet (Form M)

Use Form M — Application for Approval to Assign or Sublet if your landlord refuses your request, or if you need tribunal approval. Example: If your landlord ignores your written request for a week, you can apply using this form to get a binding decision.

For details about residential tenancy laws, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

How to Request a Sublet or Assignment

Follow these steps to complete a subletting or assigning process:

• Tell your landlord in writing you want to sublet or assign.
• Provide the name and contact of the proposed new tenant.
• If the landlord refuses or does not reply in 7 days, consider filing Form M with the Residential Tenancies Office.
• Wait for official approval before anyone else moves in.

Financial Responsibilities and Rental Deposits

If you sublet, you remain responsible for the rent and damages if your subtenant defaults. If you assign, responsibility ends when the assignment is approved and the new tenant takes over.

Common Challenges and Solutions

Subletting and assigning can feel intimidating. Common issues include:

• Landlord delays or ignores your request
• Extra fees or illegal conditions
• Discrimination against your chosen replacement tenant

If you encounter these issues, you have the right to bring your case to the Residential Tenancies Office.

You can always Find rental homes across Canada on Houseme if your plans change and you need a new place.

FAQ About Subletting and Assigning in Newfoundland and Labrador

1. Can my landlord charge me a fee to sublet or assign my rental?
   Landlords cannot charge extra fees or increase your rent for approving a sublet or assignment.
2. Do I need a specific reason to sublet or assign my lease?
   No, tenants have the legal right to request subletting or assignment for any reason, as long as proper notice is provided.
3. What if the new tenant damages the unit while subletting?
   If you sublet, you are still responsible for damages. If you assign, liability ends once the assignment is official.
4. How long does my landlord have to respond to my request?
   Landlords have 7 days to reply. No response in time means automatic approval.

Key Takeaways

• Tenants in Newfoundland and Labrador have legal rights to sublet or assign leases.
• Requests must be in writing; landlord responses are legally timed to 7 days.
• Official approval protects both your financial and legal interests.

Planning ahead helps ensure a smooth transition—whether you stay, sublet, or assign your lease.

Need Help? Resources for Tenants

• Residential Tenancies Office of Newfoundland and Labrador — Forms, official information, and dispute guidance
• Phone: 1-877-829-2608 (toll free)
• Public Legal Information Association of Newfoundland and Labrador (PLIAN) — Free legal information for tenants
• Learn more at Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act, 2018 (NL)
2. Residential Tenancies Office of Newfoundland and Labrador
3. Application for Approval to Assign or Sublet (Form M)

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