What subletting and assignment mean
Subletting means you, the tenant, rent your unit to someone else for part or all of your lease term while remaining responsible to the landlord. Assignment transfers your entire lease to another person so the new tenant replaces you and takes on the tenancy agreement. Both actions affect who is legally responsible for rent, damage and complying with the lease.
When you need landlord permission
In Yukon, many tenancy agreements require that a tenant get the landlord's written permission before subletting or assigning. The landlord may reasonably refuse for certain grounds, such as the proposed occupant's suitability, but refusal must not be arbitrary. The Yukon Residential Tenancies Office handles disputes and information about these processes Residential Tenancies Office[1]. The governing legislation is the Residential Landlord and Tenant Act (Yukon), which sets out rights and timelines for notices and applications[2].
Common landlord conditions and what they mean
- Require a reference or background check for the incoming occupant
- Ask for a security deposit or an administration fee where allowed by law
- Request a written sublet or assignment agreement that you both sign
- Set a start and end date for any temporary sublet
If a landlord unreasonably withholds permission, tenants can apply to the Residential Tenancies Office for a decision. Before applying, collect the lease, any written communications, photos of the unit, and the proposed subtenant's information.
How to document a sublet or assignment
Put everything in writing: the scope (sublet vs assignment), dates, rent amount, who pays utilities, and signatures. Note who remains responsible for repairs and the security deposit handling. If the landlord requires a new lease or an assignment agreement, get a copy.
Practical steps if you need to leave early
If you need to leave before your lease ends, discuss options with your landlord: sublet, assign, or mutually end the lease. Document proposals and responses in writing. For practical advice about ending a rental early, see What to Do If You Need to Leave Your Rental Before the Lease Expires and review Yukon-specific tenant rights at Tenant Rights and Landlord Rights in Yukon.
FAQ
- Can my landlord refuse a sublet or assignment?
- Yes, a landlord can refuse for reasonable grounds, but refusals must follow Yukon rules; you can apply to the tenancy office if you believe a refusal is unreasonable.
- Will I remain responsible after I sublet?
- Usually yes for a sublet; you generally remain responsible to the landlord unless the lease is formally assigned and the landlord accepts the assignment.
- What documentation should I keep?
- Keep the lease, written landlord permission, the sublet or assignment agreement, rent receipts, photos of the unit, and communication records.
How-To
- Review your lease to see if it mentions subletting or assignment and any required steps
- Write a formal request to the landlord including dates, proposed occupant information, and a copy of the proposed agreement
- Collect supporting documents: references, credit info, and a signed sublet or assignment agreement
- If permission is denied, contact the Residential Tenancies Office for guidance and consider applying for a decision
Help and Support / Resources
- Residential Tenancies Office (Yukon Government)
- Residential Landlord and Tenant Act (Yukon legislation)
- Renting and tenant information (Yukon Government)
