Is Subletting Legal in Alberta

The Ministry of Seniors Programs and Services and Community Supports provides information on financial assistance for seniors. www.health.alberta.ca/documents/Seniors-ProgramsServices-QuickFacts.pdf Deposits An online calculator and table of annual interest rates on deposits that allows you to calculate the amount of interest on a deposit based on the lease period. www.servicealberta.ca/620.cfm (see Alberta primary contact, above) If the tenant does not meet these conditions, the landlord has the right to withhold all or part of the security deposit to cover these costs. If the cost exceeds the deposit, the landlord can take legal action to collect the money owing. Residential Tenancies Dispute Resolution Service The Residential Tenancies Dispute Resolution Service (TDRS) provides landlords and tenants with another way to resolve serious disputes amicably. The service is designed to be faster, more informal and less expensive than the courts. Disputes are heard by a leasing agent who has the authority to make binding decisions on claims up to $25,000 related to rental disputes. The service is currently available in and around Edmonton, Calgary and surrounding areas, and northern Alberta. www.servicealberta.ca/869.cfm An unlock is a new agreement that releases the tenant from all obligations to the landlord. For example, a signed waiver would protect the tenant from having to pay rent if they have not paid it in the future. Before subletting, the original tenant must obtain the landlord`s consent to sublet the property. The landlord can only refuse consent to sublet if there are good reasons to refuse.

If, for example, the person concerned does not pass a credit check, the landlord may refuse the sublet. If the landlord refuses to sublet, the original tenant must receive written justification for the refusal within 14 days. If the landlord does not respond to a sublease request within 14 days, the tenant can expect them to accept the request in accordance with the law. The landlord cannot charge the tenant a fee for agreeing to sublet. A tenant who sublets or transfers the premises may be responsible for the remainder of the lease and choose to seek legal advice. Allocation is when a tenant finds someone to take over their lease. This is a good option if a tenant does not intend to return to the property. Information for Landlords and Tenants A PDF file with useful information specific to Alberta. www.servicealberta.ca/1132.cfm (see primary contact in Alberta, above) The Residential Tenancies Act does not address the rights and obligations that tenants have towards each other. It is common for roommates to enter into co-tenancy contracts so that each tenant knows their rights and obligations. Should the original tenant and new tenant (tenant) sign a written agreement? If a tenant finds someone who wants to take over the lease, they must get the landlord`s written permission to grant the lease. A landlord can only reject the application to assign the lease if there is a valid reason (e.g.

the new tenant refuses to fill out an application form or does not pay the rent). If the landlord rejects the application, the tenant must receive written justification for the refusal. What are the reasonable reasons for a landlord to refuse the sublease or assignment? A tenant may sublet their premises or transfer them to another person with the written consent of the landlord. The lease would exist between the subtenant and the tenant. A landlord cannot refuse permission without a valid reason and must be informed in writing by the tenant of his reasons within 14 days of receiving the written request. If the landlord does not respond to the request within 14 days, the tenant can assume that they agree to the sublease or assignment. Service Alberta Acts and Regulations. www.qp.alberta.ca/574.cfm?page=R17P1.cfm&leg_type=Acts&isbncln=9780779742301 (see Alberta primary contact, above) The legal effect of subletting is that the original tenant is still bound by the lease they have with the landlord and therefore remains responsible for paying the rent. However, the new tenant (or subtenant) also falls under the definition of tenant under The Residential Tenancies Act and is therefore also legally required to pay rent when due.

Directly to the Rent Supplement Program for Tenants Information on the Subsidy Program for Eligible Tenants (formerly known as the Homelessness and Eviction Prevention Fund). www.municipalaffairs.alberta.ca/tenant_rent_supplement.cfm AbertaMobile Home Sites Rental Act www.qp.alberta.ca/574.cfm?page=M20.cfm&leg_type=Acts&isbncln=9780779734191 prior to subletting, the original tenant must obtain the landlord`s consent to sublet the property. The landlord can only refuse consent to sublet if there are sufficient grounds to refuse it. If, for example, the prospective tenant does not pass a credit check, the landlord may refuse the sublet. If the landlord refuses to sublet, the original tenant must receive written justification for the refusal within 14 days. If the landlord does not respond to a sublease request within 14 days, the tenant can assume by law that they accept the request. The landlord cannot charge the tenant a fee for agreeing to sublet. The original tenant is still legally responsible for all obligations arising from the lease and the Residential Tenancies Act. For example, if the new tenant does not pay the rent, the landlord may collect the unpaid rent from the original tenant. The new tenant who sublets is also responsible for the obligations arising from the lease.

A landlord cannot charge a fee to accept a sublease. The original tenant may want to enter into a temporary agreement with the tenant who sublets the property. The contract should include all obligations arising from the original lease so that the new tenant is aware of all these obligations. The new tenant can either pay the rent to the original tenant or, if the landlord agrees, pay directly to the landlord. Roommates can add other conditions as long as all roommates agree. A sample colocation agreement can be downloaded here. If a property is sublet, does the original tenant still pay rent to the landlord? The original tenant remains legally responsible for all obligations arising from the tenancy agreement and the Residential Rent Act. For example, if the new tenant doesn`t pay the rent, the landlord can claim the unpaid rent from the original tenant. The new tenant who sublets is also responsible for the obligations arising from the lease. If a tenant receives permission to transfer the lease, an authorization must be signed between the landlord and tenant.

Rental of a mobile home pitch A PDF file containing information on the rental of a mobile home pitch; The rental of mobile home parking spaces in Alberta falls under another statute, the Mobile Home Sites Tenancies Act. (If the tenant rents a mobile home from a landlord, the Residential Tenancies Act applies.) www.servicealberta.gov.ab.ca/pdf/tipsheets/Renting_a_mobile_home.pdf (see Alberta primary contact, above) A tenant who sublets or transfers the leased space may be responsible for the remainder of the lease and choose to seek legal advice. Application to the Provincial Court of Alberta under the Residential Tenancies Act and the Mobile Home Sites Tenancies Act – Instructions for Landlords and Tenants: www.albertacourts.ab.ca/pc/civil/publication/rta.pdf (see primary contact in Alberta, above) Service Alberta 3rd Floor, 10155 – 102 Street Edmonton, AB T5J 4L4 www.servicealberta.ca/Landlords_Tenants.cfm See website for location of landlords and tenants.

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