Lease Transfer, Sublet & Assignment Rules in Northwest Territories

Thinking of moving out of your rental in Northwest Territories before your lease ends? You have options, including subletting or assigning your rental agreement. Knowing your rights and the correct steps will help ensure a smooth transition whether you want someone to take over your unit or just need to leave for a while. This guide breaks down what subletting and assignment mean, when they’re allowed, and how tenants can follow the process under Northwest Territories tenancy laws.

Understanding Subletting and Assignment

Subletting means a tenant rents out their unit to someone else (a subtenant) for a period but plans to return before the lease ends, remaining legally responsible to the landlord. Assignment means the tenant transfers all rights and responsibilities in the rental agreement to a new tenant (the assignee), who takes over for the rest of the lease with landlord approval.

Which Option Fits Your Situation?

• Sublet: You’ll be away temporarily (e.g., for a job or travel) and plan to return.
• Assignment: You’re moving and will not return; you want to transfer the unit and end your obligations.

Always review your lease: some landlords may prohibit subletting or require written permission. Under the Residential Tenancies Act (Northwest Territories), landlords cannot unreasonably refuse a sublet or assignment request.¹

Your Legal Rights and Tenant Responsibilities

Both options come with important rights and obligations. For example, even if subletting, you remain responsible for rent and damages unless you formally assign the lease and get the landlord’s confirmation. Knowing your Tenant Rights and Landlord Rights in Northwest Territories can help protect your interests and avoid disputes.

Key Steps and Forms for Subletting or Assignment

In Northwest Territories, tenants must follow a specific process when transferring a lease:

• Seek Written Consent: The law requires tenants to request their landlord’s written permission before subletting or assigning a rental.
• Written Request: There is no mandatory standardized form, but a dated letter or email stating your intention to assign or sublet is needed. Include the reason, the start/end date, and details of the proposed new tenant or subtenant.
• Landlord Response: The landlord must respond within 14 days. If they refuse, they must provide valid reasons; otherwise, the request is deemed approved.
• Assignment Agreement: If approved, all parties (the outgoing tenant, incoming tenant, and landlord) should sign an agreement clearly setting out the change. (Tenants can use this Residential Tenancy Officer contact page for sample wording or guidance.)

Practical Example: Assigning Your Lease

If you find a new job in another province and can’t finish your fixed-term lease, you can assign the rental. Write to your landlord, introduce the replacement tenant, and ask for their consent. Once signed, the new tenant takes over all legal and financial obligations—you’re no longer responsible for the lease.

After Transfer: What Happens Next?

Once you’ve assigned or sublet your unit, consider a few final steps:

• Document the unit's condition in writing or photos
• Arrange a walk-through with your landlord and new tenant
• Settle all outstanding rent, fees, and utility bills
• Update your address and cancel or transfer services

It's also helpful to review How to Properly End Your Rental Agreement as a Tenant for more on ending tenancies without issues.

Which Tribunal Handles Tenant Disputes?

All residential tenancy matters in Northwest Territories—including disputes about subletting or assignments—are handled by the Residential Tenancy Office (Northwest Territories). Tenants or landlords can apply here for help if there are disagreements around approvals or transfers.

How to Transfer Your Lease: Step-by-Step

• Review Your Lease: Check for any restrictions or special conditions for subletting or assigning.
• Submit Written Request: Write to your landlord about your intention to sublet or assign, including all required details.
• Find a Replacement (if needed): It’s the tenant’s job to propose a qualified new tenant or subtenant.
• Wait for Landlord Response: Landlord has 14 days to reply or the request is considered granted.
• Finalize Documents: Ensure an assignment or sublet agreement is signed by all parties, and the new tenant provides their information and any screening details if required.
• Complete Move-Out Inspection: Do a thorough inspection and record the property’s condition to avoid security deposit issues.

Following these steps will protect your rights as a tenant and smooth the transition for everyone involved.

For a full understanding of deposit rules and process after moving out, see How to Get Your Security Deposit Back with Interest When Moving Out.

If you’re seeking a new place after you transfer your lease, Find rental homes across Canada on Houseme for a wide range of listings and easy search tools.

Frequently Asked Questions about Lease Transfers

1. Can my landlord refuse to let me sublet or assign my lease?
   Landlords in Northwest Territories cannot unreasonably refuse a tenant’s request to sublet or assign. If 14 days pass without a response, the law treats it as approved.
2. Am I responsible for my rental after assigning the lease?
   No, after the assignment is signed and accepted, the new tenant assumes all obligations. However, with a sublet, you remain responsible until you return or the lease ends.
3. Do I need to use a special form to request assignment?
   A formal government form is not required—an email or letter with all necessary information is acceptable. Keep a copy for your records.
4. Does the new tenant have to pay another security deposit?
   The original security deposit usually stays with the landlord. Arrange the return and transfer between you and the new tenant directly.
5. Where can I get help if my landlord refuses to cooperate?
   You can contact the Residential Tenancy Office for dispute resolution or advice.

Key Takeaways for Tenants

• Tenants can sublet or assign their lease in Northwest Territories with landlord permission
• Written requests are required, and landlords have 14 days to respond
• Know the difference: assignment means ending your legal responsibility; subletting does not
• Always document the process and keep records

Need Help? Resources for Tenants

• Residential Tenancy Office (Northwest Territories): Advice, forms, and dispute resolution
• Tenant information on the Government of Northwest Territories Housing Programs
• Learn more about your rights: Tenant Rights and Landlord Rights in Northwest Territories

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1. Residential Tenancies Act, Northwest Territories. Full legislation text
2. Residential Tenancy Office, Northwest Territories. Official information and guidance
3. Government of Northwest Territories, Housing. Official tenant resources

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