Subletting & Assigning
For a fixed term agreement, you must give two months notice before the end of the lease. If you cannot stay the entire year, you might be able to "sublet" or "assign" your apartment to someone else with the landlord’s written consent.
Please not that you must ask permission from the landlord if you wish to sublet or to assign your unit.
The Residential Tenancies Act -Section 10 (3):
The tenant may assign or sublet the residential premises subject to the written consent of the landlord, and the landlord shall not arbitrarily or unreasonably withhold consent and shall not levy a charge in excess of expenses actually incurred by the landlord in relation to giving consent.
If you are leaving temporarily for a trip and you wish to avoid paying rent for the apartment while you are not living there, then you could sublet your apartment. Make sure that your landlord allows the subletting in the lease or contact your landlord for written consent/persmission. When you sublet your apartment, you are still the legal tenant and still responsible for the apartment. It means your are still responsible for making rent payment and for compensating the landlord for any damage done to your apartment in your absence. You can return to your apartment when the sublet term is over.
If you are leaving your apartment permanently, then it would be better to transfer/assign your lease. By assigning the lease, you are giving up your right to the original lease, and you are no longer responsible for the apartment. If you are able to assign your tenanct, your relationship with the landlord will be legally finished and you will not be responsible for any future payments to your landlord.
- What should I do if I need to sublet/assign my room?
The tenant needs to contact the landlord first, and make sure the consent from the landlord. Then, the tenant has to find the subletter or someone for assigning and notify the landlord. Next, the tenant and the subletter need to sign the sublease (subbleting agreement) or assignment which should be exactly the same content of the original lease except for changes to the names and the term. Each of them keeps a copy of the sublease or assignment agreement. It is also the tenant’s responsibility to send a copy to the landlord. Each rent paid by the subletter to the tenant needs to be transferred to the landlord. The subletting would cease at the end of the subletting term.