Subletting and assigning in BC
Are my tenants allowed to sublett or assign their rental unit?. The answer is not a simple yes or no. Yes they have the right to sublett or assign, though they must obtain the landlords permission first.
What is subletting and what is assigning? There is a difference. Subletting is when a tenant allows another party ( a sub tenant ) to have exclusive use of the rental unit and pay the rent for part of the term of the tenancy.
For a sublet a new tenancy agreement is reated between the tenant and the subtenant
tenant. The original tenant becomes the landlord to the sub tenant and they have enforceable rights and responsibilities. A sub tenant can only have the same rights as the original tenant, a new agreement may not contradict the original tenancy agreement. The original landlord and the sub tenant don’t have a contractual agreement. The original landlords continue to deal with the original tenant. It is expected the sub tenant is not a permanent situatiaon and the original tenant would return to the tenancy. An assignment is when a tenant finds a party to take over the tenancy so they can get out of an agreement, usually a fixed term tenancy.
The standard RTB agreement states that a tenant must obtain written permission from the landlord to sublett or assign a tenancy agreement. Generally these two terms are used for leaving the property during a fixed term tenancy agreement. If the term is longer then 6 months the landlords must not unreasonably refuse to sublett or assign the tenancy. Even though the standard agreement has asection on the sublett and assignment it is prudent to add in your addendum more clarity on the sublett and assignment process.
It is not a requirement for the landlord to grant permission for the sublett or assignment, though if they unreasonably refuse then a tenant may have a claim against the landlords with the RTB.
Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com
