Subletting and Lease Assignment Rules for Tenants in Northwest Territories
If you’re a tenant in the Northwest Territories considering subletting your rental or assigning your lease to someone else, it's important to understand your rights and your landlord’s obligations. From required permissions to official forms, this guide walks you through the essential rules, steps, and protections for subletting and assigning a lease in the Northwest Territories.
Subletting vs. Assigning a Lease: What’s the Difference?
A sublet means you temporarily rent your place to someone else, but you retain responsibility for the lease. An assignment is when you permanently transfer your tenancy to another person, ending your own involvement in the unit. Both options require landlord approval in the Northwest Territories.
Legal Framework and Tribunal Information
Subletting and lease assignments in the Northwest Territories are governed by the Residential Tenancies Act (RTA).[1] Disputes or applications are handled by the Northwest Territories Rental Office. Always refer to these sources for official guidance, forms, and dispute resolution options.
How to Request Landlord Permission
Before you sublet or assign your rental unit, you must get your landlord’s written permission. The RTA requires tenants to make a written request and landlords to respond in writing within 14 days.
- Written request: Clearly state whether you want to sublet or assign the lease and include details about the new potential tenant.
- Landlord’s response: The landlord cannot unreasonably refuse permission, but may request information about the new tenant.
If your landlord does not reply within 14 days, the law considers their silence as consent for your request.[1]
Official Forms for Subletting and Assignment
-
Sublet or Assignment Request Letter: While there is no government-issued standard form, tenants should provide a written request including:
- Your name and address
- The type of request (sublet or assignment)
- The name, contact details, and rental references of the proposed new tenant
- The dates of the intended sublet (if temporary)
Example: If you need to leave for work or family but want to return, you can sublet. If you’re moving out for good, assignment transfers all responsibilities to the new tenant.
For guidance or templates, visit the Northwest Territories Rental Office forms page.
After Subletting or Assigning – Tenant Obligations
Even after subletting, you remain responsible for the rental. If you assign your lease, the new tenant takes over all future rights and responsibilities. Before moving out or making changes, review What to Do If You Need to Leave Your Rental Before the Lease Expires for practical advice on ending your agreement.
Your Rights: When a Landlord Can Refuse
- Landlords may only refuse a sublet or assignment for reasonable cause, such as the prospective tenant’s ability to pay rent or previous eviction history.
- Refusing based on discrimination (for example, race, disability, or family status) violates the NWT Human Rights Act and is not allowed.
If you believe your landlord’s refusal is unreasonable, you can apply to the Rental Office for a decision.
What Happens to Your Security Deposit?
In a lease assignment, you should arrange for your security deposit to be transferred to the new tenant, or confirm with your landlord how it will be handled. For more about your rights regarding deposits, see Understanding Rental Deposits: What Tenants Need to Know.
Step-by-Step: How to Sublet or Assign Your Lease
Here’s how to handle a sublet or assignment in the Northwest Territories:
- Write a formal request to your landlord (include details about the proposed new tenant and the reason for your request).
- Wait for the landlord’s written response. If you don’t get one within 14 days, you may proceed.
- Follow up in writing if your landlord refuses. Ask for the reason—if it’s unreasonable, you can apply to the Rental Office.
- Arrange for the security deposit transfer, if applicable.
- Ensure all parties keep copies of correspondence.
Keeping clear documentation helps protect your rights if disputes arise later.
Additional Resources and Where to Learn More
For an overview of Northwest Territories tenant laws, see Tenant Rights and Landlord Rights in Northwest Territories. And if you’re looking for your next place, Find rental homes across Canada on Houseme.
Frequently Asked Questions
- Do I need landlord permission to sublet my rental unit? Yes, written permission is required for both subletting and assigning a lease in the Northwest Territories.
- What if my landlord ignores my sublet or assignment request? If your landlord doesn’t reply within 14 days, their silence is legally considered approval for your request.
- Can my landlord refuse my sublet for any reason? No, refusal must be reasonable (for example, poor references or inability to pay rent)—not based on discrimination or arbitrary factors.
- Who is responsible for the rent during a sublet? You remain responsible unless you assign the lease, in which case the new tenant takes over.
- Where can I get help if there’s a dispute about subletting? Contact the Northwest Territories Rental Office for guidance, dispute resolution, or to file an application.
Key Takeaways for NWT Tenants
- Always get written permission from your landlord before subletting or assigning your lease.
- If you don’t get a reply within 14 days, the law sees it as approval—keep your documentation safe.
- Disputes can be brought to the Northwest Territories Rental Office for a fair review.
Planning ahead and using official procedures helps protect your rights and ensures a smoother rental transition.
Need Help? Resources for Tenants
- Northwest Territories Rental Office: Official information, forms, and dispute application process.
- NWT Human Rights Commission: Assistance with discrimination or accessibility issues.
- Residential Tenancies Act – Full Text: Review the legislation that protects your rights.
- Residential Tenancies Act, S.N.W.T. 2008, c.10 (Government of Northwest Territories)
- Northwest Territories Rental Office
- NWT Human Rights Act – Tenancy Section
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