Assignment of Tenancy Between Roommates in Nunavut

When a roommate needs to leave mid-lease, assigning the tenancy transfers their rights and responsibilities to another person. Tenants in Nunavut should understand the difference between an assignment and a sublet, get landlord consent where required, and keep clear written agreements with dates, rent amounts and deposit details. This guide explains practical steps tenants can take to request an assignment, what paperwork and official forms to check, how to protect your deposit and shared responsibilities, and when to seek help from the territorial tribunal or legal services. It is written for renters and roommates who want a straightforward, tenant-focused approach to ending or reshaping a shared rental arrangement in Nunavut.

What an assignment means in Nunavut

An assignment transfers the outgoing tenants entire interest in the lease to a new tenant, so the new person steps into the lease and becomes responsible for rent and obligations. Assignment is different from a sublet, where the original tenant remains legally responsible to the landlord. Always check your written rental agreement and Nunavuts tenancy rules before agreeing to any change.^[1]

When to choose assignment instead of sublet

Choose assignment when the outgoing roommate intends to permanently transfer their rights and stop being responsible for rent or damage. If someone will temporarily cover a room while the original tenant retains responsibility, that is a sublet. If you need guidance about ending a lease early, see What to Do If You Need to Leave Your Rental Before the Lease Expires.

Key steps to request and complete an assignment

1. Contact the landlord in writing to request permission and explain the proposed replacement tenant and move-out date.
2. Provide a written assignment agreement or complete any landlord-provided forms that document the change and include names, dates, and agreed rent.
3. Collect and keep records: signed forms, emails, application responses, and photos of the unit condition to protect deposits and liability.
4. Set clear timelines for when the new tenant moves in and the old tenant vacates, including key handover and rent proration if needed.
5. Agree in writing how the security deposit and any prepaid rent will be handled or transferred between outgoing and incoming roommates.
6. If a landlord refuses without valid reason, document the response and consider filing an application with the appropriate tribunal or court for resolution.

Common problems and how to avoid them

Landlords may deny an assignment if the replacement tenant fails screening or if the lease prohibits assignments. Keep communications polite and documented, provide the replacement tenants application quickly, and offer reasonable timelines to find an acceptable replacement. For deposit handling and disputes about returning funds, tenants can read Understanding Rental Deposits: What Tenants Need to Know for steps on documentation and timelines.

FAQ

Can I assign my share without the landlords consent?

Generally no. Many leases require landlord consent for assignments. Check your lease and local rules and get any approval in writing. If consent is refused, you may have options through the territorial tribunal.^[2]

What happens to the security deposit when a roommate is replaced?

Parties should agree in writing how the deposit is transferred or refunded. Document the unit condition and any deductions. See the linked deposit guide above for practical steps.

What if the landlord screens the new tenant and says no?

The landlord can refuse if the replacement fails reasonable screening. Keep records of the process and ask for reasons in writing; if you believe the refusal is unfair, you may apply to the tribunal for a decision.^[2]

How-To

1. Write a dated request to the landlord describing who is leaving, who will replace them, and the proposed dates.
2. Have the replacement tenant complete any required rental application and supply ID and references.
3. Prepare a written assignment agreement signed by outgoing tenant, incoming tenant and landlord that notes the transfer of obligations.
4. Agree in writing on deposit and prorated rent arrangements and keep copies for all parties.
5. If the landlord refuses without valid reason, file a written application with the appropriate tribunal or court and include all documentation.

Help and Support / Resources

• Government of Nunavut  Justice and legal information
• Nunavut Court of Justice  civil and tribunal information
• Nunavut Housing and tenant assistance resources

1. [1] Government of Nunavut  Residential tenancy information
2. [2] Nunavut Court of Justice  dispute resolution and tribunal guidance