Tha Assignment and sublets

Assignment & sublets

Assignment

An assignment involves the assigning of rights, ownership and interest in a lease whereby the assignor or lessee, transfers the entire remainder of the term created by the lease.

sublets

the tenant transfers something less than an entire interest, he/she sublets it. This may be either the subletting of part of the term or part of the premises. Again, the tenant remains liable to the landlord, unless otherwise stipulated in the lease.

A tenant may assign or sublet at will without the approval of the landlord unless the lease stipulates otherwise or provincial legislation establishes certain requirements or procedures.

The Residential Tenancies Act sets out various requirements and restrictions concerning subletting.

Subletting provisions do not apply to the tenant of a superintendent’s premises.

  • The tenant may sublet with consent of the landlord for a term ending on a specified

date before the end of the tenant’s term, giving the tenant the right to resume occupancy after that date.

  • The landlord cannot arbitrarily or unreasonably withhold consent to a sublet.
  • The landlord may charge reasonable out-of-pocket expenses relating to the consent.
  • The tenant remains entitled to benefits and liable for breaches under the tenancy agreement during the subtenancy period.
  • The subtenant is entitled to benefits and is liable to the tenant for breaches of the subtenant’s obligations.
  • The subtenant has no right to occupy the rental unit after the end of the subtenancy.
  • The tenant may apply to the Tribunal for an order for compensation from an overholding subtenant, if the subtenant is in possession of the rental unit at the time of the application.
  • Various rights given to the landlord concerning term ination apply to the tenant/subtenant relationship as if the tenant were landlord and the subtenant were tenant

(e.g., damage, reasonable enjoyment and too many persons).

  • If a subtenant overholds and the original tenant has vacated the rental unit, the landlord can (within 60 days of discovering the unauthorized occupancy):
  • negotiate a new tenancy agreement with that person.
  • apply to the Tribunal for an eviction order.

The unauthorized occupation shall be deemed to be an assignment with landlord consent if:

  • a new tenancy agreement is not entered into within 60 days; and
  • no application is made to evict the person or the subtenant.

 

Chapter 2  , Leaseholds and Property  Interests Other Than  Ownership   , book REAL PROPERTY LAW

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