Sublets and assignments are conditional A tenant must have their landlord's written permission before subletting or assigning their tenancy. A landlord can't unreasonably refuse a sublet or assignment if there are six months or more remaining on the tenancy term.
The terms sublet and sublease are often used synonymously, but they have very different meanings. The gist is that a sublet occurs when you find a new renter for the property who will sign a new lease with the landlord, while a sublease occupies the space without signing a lease directly with the landlord.
In B.C., subletting is legal as long as your rental agreement does not prohibit it, but you need written consent from your landlord. If you're considering subletting, go through your rental agreement in detail and carefully note what it says about this topic.
Any roommate who is named as a tenant in the tenancy agreement is presumptively a tenant with rights and obligations under the Act; whether any roommate is a tenant or not is ultimately a legal determination that can only be made by a Residential Tenancy Branch arbitrator who will weigh the factors in favour and ...
Even if a landlord doesn't prepare one, the standard terms of a tenancy agreement still apply. Paying a security deposit establishes a tenancy, even if there is no written tenancy agreement and if the tenant never moves in.
Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.
Subletting without your landlord's permission is a tricky area, legally speaking. Whether or not you're within your legal rights to form a sublet agreement without your landlord's consent depends a lot on your state laws and the terms of your original lease agreement.
Sometimes the landlord is OK if the tenant subleases to a third party without their signature. This would noted in the lease agreement. A contract does not need to be written by a lawyer to be enforceable in court. If an agreement cannot be made with the sub-landlord then just given written notice and leave.
Here's a list of standard fields that you should include in your lease agreement: Tenant information. Include each tenant's full name and contact information. Rental property description. Security deposit. Monthly rent amount. Utilities. Lease term. Policies. Late fees.