If your circumstances change and you need to leave your Yukon rental home before your lease ends, you might consider subletting or assigning your lease. It’s essential to understand your rights and obligations as a tenant under the law in Yukon. This guide explains your options, the process, and practical steps you can take if you need to transfer your rental agreement.
Subletting and Assigning a Lease: What’s the Difference?
Both subletting and assigning can help tenants who need to move out before their lease is over, but the legal outcomes are different:
- Subletting: You (the original tenant) temporarily leave your rental unit and allow someone else, the subtenant, to live there. You are still responsible for the lease obligations during the sublet period.
- Assigning: You transfer the remainder of your lease to another person (the assignee). The new tenant takes over all your rights and responsibilities under the lease, and your obligations usually end after the assignment is complete.
It’s important to know which option fits your needs, as each comes with different legal consequences.
Legal Framework for Subletting and Assignment in Yukon
Subletting and assignment in Yukon are governed by the Residential Landlord and Tenant Act (Yukon)[1]. Always double-check the terms of your lease, as some agreements may have additional rules.
In Yukon, a tenant must receive written consent from the landlord before subletting or assigning their rental unit. Landlords cannot unreasonably refuse a request to sublet or assign, but they may require the request in writing and have the right to screen prospective tenants.
When and Why Might Tenants Consider Subletting or Assigning?
- Relocating temporarily for work, school, or family reasons
- Selling your home but your lease hasn’t ended
- Extended travel or leaving Yukon briefly
Before you make a decision, make sure you’ve reviewed your lease and understand your Tenant Rights and Landlord Rights in Yukon—for example, how responsibility for rent and property care continues during a sublet.
How To Request Subletting or Assignment
You should follow these general steps when seeking to sublet or assign your rental:
- Notify your landlord in writing, stating whether you wish to sublet or assign and the reason for the request.
- Provide details about the proposed new tenant or subtenant, including their name and contact information.
- Wait for your landlord to consider your request. They must reply within a reasonable time.
- Complete the necessary forms and obtain written consent before making any arrangements.
If your landlord refuses, they must provide valid reasons. Contact Yukon Residential Tenancies Office if you believe the refusal is unreasonable.
Required Official Forms
- Application for Permission to Sublet or Assign (RT 7): Used to ask your landlord’s permission to sublet or assign your lease.
Download from the Yukon Government website. For example, if you’re moving out for a new job placement for a few months and want someone else to stay in your place, you’d use this form to request landlord approval. - Change of Tenant Notification (Landlord and Tenant both submit): After landlord approval and once a new tenant moves in, both parties should confirm the change with the Yukon Residential Tenancies Office. Forms are available at Yukon Landlord and Tenant Forms.
Your Rights and Responsibilities
As a tenant, you retain certain rights and responsibilities if you sublet, such as ensuring the subtenant follows rules and pays the rent. If you assign, these responsibilities typically end after the lease is legally transferred to the new tenant. However, always confirm with your landlord and the Residential Tenancies Office to ensure everything is official and documented.
More detailed information about general tenant responsibilities and obligations is available in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Resolving Issues or Disputes
If your landlord refuses your request to sublet or assign, or if you encounter issues during the process, you can contact the Yukon Residential Tenancies Office for assistance. You may also apply for a formal decision if the refusal seems unreasonable.
Key Points for Tenants Considering Subletting or Assignment
- Always get written permission before subletting or assigning your rental.
- Clearly communicate with your landlord and keep records.
- Familiarize yourself with the required forms and deadlines.
- Understand your ongoing responsibilities—especially if you sublet.
For a broader perspective on what to do if you need to leave early, see What to Do If You Need to Leave Your Rental Before the Lease Expires.
You can find more options to rent or sublet throughout the territory—Explore Houseme for nationwide rental listings with map-based search features to help you find your next place.
FAQs: Yukon Subletting and Assigning Leases
- Can my landlord refuse my request to sublet or assign my lease? Landlords in Yukon cannot unreasonably refuse to let you sublet or assign your lease, but they can require information about the proposed replacement tenant and reasonable screening.
- Do I still have to pay rent if I sublet my rental unit? Yes, you remain responsible to the landlord for rent and proper care of the unit during the sublet period, even if your subtenant fails to pay.
- What is the difference between assignment and sublet? Sublet is temporary, and you’re still responsible for the lease; assignment is a complete transfer, and your obligations usually end when the new tenant takes over.
- Is there a fee to apply for subletting or assigning in Yukon? There is no official government fee to file the application, but check your lease for any relevant clauses.
- Where do I find the Yukon forms and information? Visit the Yukon Residential Tenancies Office for all official forms and guidance.
Need Help? Resources for Tenants
- Yukon Residential Tenancies Office: Official guidance, tenancy forms, and dispute resolution.
yukon.ca/en/housing-and-property/landlords-and-tenants - Legal Aid Yukon: Tenants facing serious disputes may seek legal advice.
legalaid.yk.ca - Yukon Government Rental Legislation: Read the full Residential Landlord and Tenant Act
- Learn more about your rights and obligations: Tenant Rights and Landlord Rights in Yukon
