If you’re renting a residential unit in British Columbia and need to temporarily leave or permanently transfer your tenancy, you might consider subletting or assigning your rental unit. Both options are permitted under BC’s Residential Tenancy Act (RTA), but they require following specific legal steps to protect your rights and avoid disputes.

Subletting is when you rent your unit to someone else temporarily while you remain the tenant on the lease. You retain all your responsibilities under the tenancy agreement, including paying rent and ensuring the property is cared for. The subtenant’s occupancy must end before your own lease does.

Assigning your tenancy means transferring the lease entirely to another person, who takes over all rights and obligations. Once the landlord consents, you are no longer responsible for the tenancy.

In BC, the RTA requires tenants to obtain written consent from their landlord before subletting or assigning a tenancy. However, there is no specific government form for subletting or assignment of standard residential units. Instead, tenants should submit a clear, written request to the landlord detailing the proposed subtenant or assignee, the dates of occupancy, and any relevant information such as rent amount.

Tenants on a fixed-term tenancy with six months or more remaining have added protections. In these cases, landlords cannot unreasonably withhold consent to a sublet or assignment request. The landlord must provide legitimate reasons if they refuse consent, such as concerns about the proposed tenant’s suitability. If the landlord refuses without valid cause, tenants may apply to the Residential Tenancy Branch for dispute resolution.

For tenants renting on a month-to-month basis or with fewer than six months remaining on a fixed-term lease, landlords may refuse sublet or assignment requests at their discretion and are not required to provide a reason.

To start the process, write a formal letter or email to your landlord requesting consent to sublet or assign your tenancy. Keep a copy of this communication for your records. If your landlord refuses the request and you believe it to be unreasonable, you can file an application for dispute resolution using the RTB-12 Application for Dispute Resolution form available on the Residential Tenancy Branch website.

It is important to note that landlords cannot charge tenants any fees for considering or granting consent to sublet or assign a tenancy.

If a tenant sublets or assigns their unit without landlord consent, the landlord may issue a 1-month Notice to End Tenancy for Cause under the Residential Tenancy Act.

When consent is granted, it is advisable to document the arrangement with a written sublease agreement (if subletting) between the tenant and the subtenant or a written assignment agreement when assigning the tenancy. For assignments, the new tenant will then take over the lease under the existing terms.

Special Note: For tenants in manufactured home parks, specific government forms exist for requesting consent to sublet (RTB-25) or assign (RTB-10) a manufactured home site tenancy. These forms and additional rules can be found on the Residential Tenancy Branch website.

In summary, the key points to remember when considering subletting or assigning your tenancy in BC are:

• Obtain written landlord consent before subletting or assigning.

• If you have a fixed-term tenancy with six months or more remaining, your landlord cannot unreasonably withhold consent.

• Landlords cannot charge fees for processing your request.

• Keep all communication in writing and maintain records.

• Apply for dispute resolution through the RTB if your landlord refuses without reasonable cause.

• Subletting or assigning without permission may lead to eviction.

For the official detailed guidelines, forms, and information, visit the BC Residential Tenancy Branch website:
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/subletting-assigning-tenancy