Residential Lease Assignment With A Returned Value
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FAQ
What does an assignment or sublet mean for the people involved? When you assign your lease, the person taking over the lease assumes all the rights and responsibilities you had as a tenant toward the landlord. You no longer have any rights under the lease or responsibilities toward the landlord.
If the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment. If the lessee transfers only part of his or her interest, then the transfer is known as a sublease.
The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.
The assignment of a rental unit to a potential assignee cannot be arbitrarily or unreasonably refused; A landlord who has given general consent to the assignment can refuse consent to a specific assignee; A landlord may only charge a tenant reasonable out of pocket expenses incurred in giving consent.
The Residential Tenancies Act (RTA) section 23 speaks to the landlord's right to enter the residential premises and what requirements the landlord must meet. A landlord may enter the tenant's home at any time with the tenant's consent. Consent can be verbal or written.