Subletting and Lease Assignment Rules for Nunavut Tenants

If you’re renting in Nunavut and need to move out before the end of your lease—or want someone else to take over your rental—subletting or assigning your lease may be an option. But tenants should understand Nunavut's specific rules, forms, and their rights to do so. This guide explains the basics and what steps you need to follow for a legal and smooth process in Nunavut.

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

Both subletting and lease assignment mean someone else will live in your rental unit, but there are important differences:

• Subletting: You rent your unit to someone else for a set time, but plan to return later. You remain responsible for the lease.
• Assigning: You transfer your entire interest in the lease to someone else. The new person (assignee) takes over your rental agreement, and you typically do not return.

This distinction affects your future obligations and responsibilities—make sure you choose the right option for your needs.

Nunavut’s Rules for Subletting or Assigning Your Lease

Under the Residential Tenancies Act of Nunavut, tenants generally have the right to sublet or assign their unit, but landlord consent is required. The landlord cannot unreasonably refuse. Here’s what you must know:

• You must request written permission from your landlord to sublet or assign.
• The landlord has the right to approve or refuse, but they must have a good reason to say no.
• If your landlord unreasonably refuses, you may apply to the Residential Tenancies Tribunal of Nunavut for help.
• Written documentation of all requests and permissions is very important.

If you need to leave before your lease expires, see practical options in What to Do If You Need to Leave Your Rental Before the Lease Expires.

When Is the Landlord’s Refusal Reasonable?

In Nunavut, a landlord may refuse if the proposed new tenant cannot reasonably meet the obligations of the current tenancy, such as ability to pay rent, respect for house rules, or reference checks. They cannot refuse based on discrimination or personal preference.

Required Forms and How to Use Them

All official Residential Tenancies forms for Nunavut are available through the Government of Nunavut, Residential Tenancies Program. Here are the most relevant for subletting and assignments:

• Notice to Sublet or Assign Lease (Form 3)
  • When to use: If you plan to sublet or assign your rental, you must provide this form as written notice to the landlord.
  • Where to get: Download Nunavut Form 3
  • How to use: Fill out your details, your proposed subtenant or assignee details, dates, and reason. Give it to your landlord and keep a dated copy.
• Application for an Order (Form 6)
  • When to use: If your landlord refuses consent to sublet or assign and you believe this is unreasonable, complete Form 6 to apply to the Residential Tenancies Tribunal.
  • Where to get: Download Nunavut Form 6
  • How to use: Provide details of your situation, the proposed subtenant or assignee, and the landlord’s response. Submit to the Tribunal as instructed on the form.

Always keep copies of your completed forms and any correspondence for your records.

Practical Example

Suppose you’re moving to a new city for work six months before your lease ends. You find someone to take over your rental:

• Complete Form 3 and give it to your landlord with details of the proposed assignee or subtenant.
• If the landlord agrees, get the approval in writing. If not, and the refusal is not reasonable, file Form 6 with the Tribunal for a review.

Your Ongoing Responsibilities

Even after subletting, you remain responsible for obeying the lease terms—such as rent and damages—unless your landlord agrees to release you. With an assignment, those responsibilities transfer to the new tenant. For more on everyday responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Important Legal Protections

• Landlords cannot discriminate against applicants based on protected grounds, such as race, gender, or family status.
• Any refusal must be based on legitimate concerns—never personal bias.

For a wider look at tenant rights, visit the Tenant Rights and Landlord Rights in Nunavut summary.

Need to explore moving out completely? How to Properly End Your Rental Agreement as a Tenant covers required steps for legal notice and avoiding fees.

Want to search for a new rental in Nunavut or elsewhere in Canada? Explore Houseme for nationwide rental listings.

FAQs About Subletting and Assigning in Nunavut

1. Does my landlord have to accept my sublet or assignment?
   Landlords can’t unreasonably refuse, but they can ask for details about the new tenant and must provide lawful reasons for refusal if any.
2. If my landlord says no, what can I do?
   If you believe the refusal is unreasonable, use Form 6 to apply to the Residential Tenancies Tribunal for a decision.
3. What risks exist for me if I sublet?
   You remain responsible for the unit’s rent and damages unless you assign the lease or get your landlord’s written release of liability.
4. Do I need to pay additional fees for subletting or assignment?
   Nunavut law does not allow landlords to charge extra fees for granting permission to sublet or assign your lease.
5. What if I need to move out before the lease ends?
   Subletting, assigning, or negotiating an early end with your landlord are your main options. See detailed steps above and review your lease agreement.

Key Takeaways for Nunavut Tenants

• Subletting and assigning are legal in Nunavut with landlord consent, which can’t be unreasonably refused.
• Use the right forms (Form 3 for notice, Form 6 for disputes) and keep records of your communications.
• Assignment relieves you of responsibility, but subletting does not—know which is best for your needs.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Tribunal – For tenancy complaints, applications, and advice.
• Residential Tenancies Program Info Line: 1-877-212-6432 (Toll-free in Nunavut)
• Tenant Advocacy Service – NWT/Nunavut (Some information and support by phone or online.)

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1. Residential Tenancies Act of Nunavut, official legislation
2. Nunavut Residential Tenancies Tribunal and Forms, Government of Nunavut

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