How to Sublet or Assign Your Lease in Nunavut

Thinking about subletting or assigning your rental unit in Nunavut? Whether you need to leave your home temporarily or move before your lease ends, it's important to understand your rights and responsibilities under Nunavut tenancy law. This guide covers the legal process for lease transfers, including required forms, landlord permission, and practical tips for tenants.

Subletting vs. Assignment: What's the Difference?

In Nunavut, you have two main options if you need to leave your rental before your tenancy is over:

• Subletting means another person moves in and pays rent, but you remain legally responsible for the tenancy. You intend to return before your original lease ends.
• Assignment is when you transfer the remainder of your tenancy to someone else. The new tenant takes on all your rights and responsibilities, and you move out permanently.

It's important to know the difference, as your obligations will vary based on your choice.

Nunavut Laws and the Rental Tribunal

All residential tenancies in Nunavut are governed by the Residential Tenancies Act (Nunavut)¹. The Nunavut Rental Office oversees rental matters, including sublets and assignments.

Can I Sublet or Assign My Lease?

Under Nunavut law, tenants usually have the right to apply to sublet or assign their lease, but you must get the landlord's written consent first. Landlords cannot unreasonably refuse your request, but they can screen potential new tenants.

When Would You Sublet or Assign?

• Leaving town for work or family reasons but planning to return
• Moving permanently before your fixed-term lease is up
• Finding a new tenant to take over your current lease

If you simply want to end your tenancy, see What to Do If You Need to Leave Your Rental Before the Lease Expires.

Key Steps: How to Transfer Your Lease

If you're considering a sublet or assignment, here’s how to do it the right way.

1. Review Your Lease

Check your lease or rental agreement for any clauses about subletting or assignment. Some leases might include specific procedures or limitations. For an overview of post-signing rights, see What Tenants Need to Know After Signing the Rental Agreement.

2. Find a Suitable Subtenant or Assignee

Start searching for someone who meets the landlord's usual screening requirements. You are responsible for presenting a qualified candidate to your landlord.

3. Make a Formal Written Request

In Nunavut, you must ask your landlord for written permission to sublet or assign your rental unit. There is no standardized form, but your written request should include:

• Your name and address
• The type of transfer (subletting or assignment)
• Information about the proposed new tenant (full name, references, contact details)
• The expected date of the transfer

The landlord must reply within a reasonable period. If they refuse unreasonably, you can apply to the Nunavut Rental Office for a decision.

4. Complete the Agreement

Once the landlord agrees, prepare a formal subletting or assignment agreement. For sublets, document how rent will be paid and who is responsible for damages. For assignments, ensure the new tenant will take over all lease responsibilities.

5. Notify the Rental Office if Needed

If your landlord refuses your reasonable request to sublet or assign, you can seek mediation or a ruling through the Nunavut Rental Office.

Official Forms and Procedures

Nunavut does not have standardized government-issued forms for subletting or assignment. However, it is best practice to:

• Make all requests in writing and keep copies
• Use a written agreement between yourself, the landlord, and the new occupant (for assignments)

If disputes arise, you can use the "Residential Tenancy Application" form to apply to the Rental Office for a remedy. For example, if your landlord unreasonably withholds consent, you would:

• Download and complete the Residential Tenancy Application (no specific number; [Official Form Link](https://www.gov.nu.ca/sites/default/files/rt_application_en.pdf))
• Describe your situation and attach copies of your correspondence
• Submit the form to the Nunavut Rental Office as directed on the application

This form is useful for tenants seeking official resolution to subletting or assignment disputes.

Tenant Rights and Landlord Duties

For a detailed summary of what landlords and tenants are responsible for in Nunavut, see Tenant Rights and Landlord Rights in Nunavut. Remember, even if subletting, you are still responsible for the condition of the home unless you've completed an assignment and moved out entirely.

Tips for a Smooth Lease Transfer

• Communicate openly with your landlord and keep everything in writing
• Ensure the subtenant or assignee understands all lease rules
• Do a move-in/move-out inspection for sublets
• Update utility accounts if required

Finding the right person to take over your lease can take time. Explore Houseme for nationwide rental listings to help your search.

FAQ: Lease Transfers, Sublets, and Assignments in Nunavut

1. Can my landlord refuse my request to sublet or assign my lease?
   Landlords cannot unreasonably refuse permission, but they may decline candidates who do not meet standard screening requirements. If you believe the refusal is unfair, you may apply to the Nunavut Rental Office for a decision.
2. Am I still responsible for my rental unit if I sublet?
   Yes. When you sublet, you remain legally responsible for paying rent and covering damages until the lease ends or an official assignment is approved.
3. Does Nunavut provide a specific form for subletting or assignments?
   No, but written communication is required. For disputes, use the Residential Tenancy Application to the Nunavut Rental Office.
4. What if my lease says 'no subletting'?
   Provisions that completely prohibit subletting or assignment may not be enforceable if the Act allows for landlord consent. Always check with the Rental Office if your lease restricts your rights.
5. How can I find someone to take over my lease?
   You can use local postings or Explore Houseme for nationwide rental listings to connect with potential subtenants or assignees.

Key Takeaways

• Tenants in Nunavut have the right to sublet or assign with landlord consent – always get permission in writing.
• If your landlord refuses without good reason, you can apply to the Rental Office for help.
• Use a detailed agreement and stay in communication throughout the process to protect your rights.

Lease transfers can be straightforward with the right information and communication between all parties.

Need Help? Resources for Tenants

• Nunavut Rental Office (Residential Tenancies)
• Contact: rentaloffice@gov.nu.ca, Phone: 1-867-975-6314
• Residential Tenancies Act (Nunavut) – Full Text
• For questions about your rights, see Tenant Rights and Landlord Rights in Nunavut
• Local tenant associations or legal clinics may provide guidance for complex issues

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1. Residential Tenancies Act (Nunavut)
2. Nunavut Rental Office
3. Nunavut Residential Tenancy Application Form (PDF)

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