Tenants sometimes need to move before their lease or tenancy agreement is up.  A tenant must get the landlord's written permission to assign or sublet their place to another person. A landlord can't refuse without a good reason. The landlord has the right to charge a fee of up to $40.00 for the assignment or sublet.
 

Assignment

When there is an assignment, the first tenant does not plan to move back in. Here's what happens:

• the tenant finds a new tenant to take their place;
   

• the tenant must obtain the landlord's written approval for the new tenant; the landlord cannot unreasonably withhold consent;
   

• the landlord takes a new security deposit from the new tenant; the security deposit is not transferred from the first tenant to the new tenant;
   

• the landlord, new tenant and tenant, sign the "Assignment of Tenancy Agreement" part of the lease;
   

• the first tenant is no longer responsible for the lease once the new tenant takes over the lease;
   

• the landlord does an outgoing condition report with the first tenant;
   

• the landlord does an incoming condition report with the new tenant.

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Sublet

A tenant who sublets moves out for a while and then moves back in. Here’s what happens:

• the tenant gives another permission to live in their apartment or house for an agreed upon time;

• the tenant must obtain the landlord’s written approval for the sub-tenant; the landlord cannot unreasonably withhold consent;
   

• the landlord, the subletting tenant and the tenant, sign the "subletting agreement" part of the lease;

• the first tenant is still responsible for the lease and any damage to the property, even though they are not living there;

• the first tenant must charge the subletting tenant the same rent that they paid;

• the landlord keeps the security deposit in the name of the first tenant.