Residential

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Sublet Information

Sometimes circumstances change, and you may not want to keep your apartment for the full term of your lease. What is commonly called a sublet is defined by the Residential Tenancies Act as an assignment of tenancy.

Once entered in to a Standard Residential Tenancy Agreement (lease), the lease holder(s) is responsible for fulfilling the terms of the agreement. However, the Residential Tenancies Act does allow for residents to assign their tenancy obligations under their current lease to a new lease holder.

It is the responsibility of the current lease holder to find a suitable applicant to whom they can assign their tenancy obligations. This new lease holder must meet Towers Realty Group’s minimum approval standards.

Please read the following information carefully before requesting an Assignment of Tenancy.

Towers Realty Group abides by the policies and procedures for sublet/assignment as prescribed by the Residential Tenancies Act. Further information on sublets and assignments may be found through the Residential Tenancies Branch.

To view a list of all current sublets/assignments, please visit our Sublet Listings page.

INFORMATION FOR CURRENT LEASE HOLDER(S):

  • Complete and submit the Notice of Intent to Assign Tenancy – Sublet Form, along with sublet fee of $75.
  • The fee can be paid online by cheque, money order, or debit. Or you can also drop off your cheque, money order or cash in the drop box outside our head office. This fee is non-refundable if the current lease holder changes their mind or fails to assign their tenancy. Please note that we do not accept e-transfers.
  • You will be responsible for advertising and showing of the suite and must use your own telephone number in all advertising. Caretakers will not show sublets.
  • Once someone has viewed the suite, let him or her know that they have to go to the Towers Realty office to apply (Unit 100-1420 Taylor Avenue) or online. They must pay a security deposit (half of one month’s rent before any applicable discounts) when they submit their application.

  • Towers Realty Group will accept multiple applications for the same suite; we recommend that you do not stop showing the suite until someone has been approved.
  • The approved applicant will be required to attend the Towers Realty Group Office to sign on to the lease agreement. You will then be required to attend the Towers Realty Office to sign off of your lease before the new tenant is responsible for the terms of the agreement.
  • Your Caretaker or Property Administrator will give you a check list of what you need to do before you can do the Move Out Condition Report. You cannot schedule your move out condition report until someone has been approved for your suite.
  • If you wish to cancel your assignment/sublet and stay in your suite for the remainder of the lease term, you must provide notice in writing to Towers Realty Group. Please be advised that the sublet fee of is non-refundable.

POLICIES AND PROCEDURES FOR SUBLET AS PER RESIDENTIAL TENANCIES BRANCH

  • An assignment or subletting is not valid unless the landlord gives written consent. The landlord cannot refuse to give consent unless they have a valid reason.
  • A tenant is responsible to find a person to move into their rental unit on an assignment or subletting of the tenancy.
  • A tenant should talk to their landlord before trying to assign or sublet a rental unit. The landlord may have a waiting list of potential tenants which might help the tenant rent their unit more easily.
  • The tenant is responsible to arrange and pay for advertising their rental unit for an assignment or sublet.
  • When consenting to an assignment, the landlord can ask the new tenant for:
    • a security deposit; and
    • payment of the first month’s rent.
  • The new tenant is entitled to any rent discounts offered in the existing tenancy agreement, unless they are conditional discounts. (For example: discounts associated with a Move in Bonus are not transferable)
  • A landlord may charge the original tenant up to $75for consenting to an assignment or sublet.
  • A tenant must get their landlord’s written approval or consent to assign or sublet a tenancy agreement. But, a landlord must have good reason to refuse an assignment or sublet. For example: A landlord can review a rental application and decide not to approve a sublet based on the prospective tenant’s past rental history, credit references and personal references.

  • It is not unreasonable for a landlord to refuse to allow an assignment of the last three months of a tenancy. The landlord may say they will only consent to the assignment if the assignee or new tenant agrees to sign a tenancy agreement renewal. This doesn’t apply to a sublet since a sublet must end before a tenancy agreement does.
  • A tenant who wants to assign or sublet should expect that the landlord will want to check the references of a prospective tenant. A tenant should give the landlord a reasonable number of days to check the references. It’s not unreasonable for a landlord to take up to five business days to do a reference check. It may take longer if some of the references are out of province.
  • Once a landlord consents to an assignment or sublet, they generally cannot withdraw the consent. However, if a landlord consents before they’ve had a chance to do a reference check, they should state in writing that their consent is conditional on the outcome of the reference check. A tenant may want to confirm that the landlord’s consent is unconditional before they arrange for other housing.
  • If a landlord refuses to consent to an assignment or sublet, a tenant may ask the Branch to decide if the landlord is being reasonable. In a case like this, the Branch will only decide if and when the tenancy agreement will end. The Branch will not order a landlord to accept an applicant as a tenant.
  • If a tenant who owes rent or has not met other obligations wants to assign or sublet, the landlord can choose to:
    • allow the assignment or sublet;
    • end the tenancy; or
    • hold the original tenant’s guarantor, if there is one, responsible for the tenancy agreement.
  • If the landlord consents to the assignment or sublet, the tenant is still responsible to pay any rent that is outstanding on the date the assignment or sublet takes effect.