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Difference between revisions of "Moving out and Residential Tenancies (19:X)"
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Moving out and Residential Tenancies (19:X) (view source)
Revision as of 06:47, 3 July 2016
, 06:47, 3 July 2016→D. Breaking a Fixed-Term Tenancy
Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = landlord}} == A. Tenant Obligations == *Give proper notice; *participate in move-out condition inspection; *leave the unit clean; *repair da...") |
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If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as rent (at the tenancy agreement rate) until the unit is rented or the fixed term expires. | If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as rent (at the tenancy agreement rate) until the unit is rented or the fixed term expires. | ||
'''NOTE:''' Refer to the tenancy agreement, as some agreements will have move-out clauses that will express what a tenant’s obligations will be upon breaking their fixed term tenancy. | |||
'''NOTE:''' A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give a notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit. | |||
=== 1. Right to Assign or Sublet and Duty to Obtain Consent === | |||
According to s 34 of the RTA, a tenant may assign or sublet his or her interest in a tenancy agreement with the consent of the landlord; in other words, the landlord’s consent is always required for an assignment or subletting of the agreement. However, the landlord must not be arbitrary or unreasonable in withholding consent if the tenant has a fixed term tenancy of six months or more (s 34(2)). A tenant may apply for an Arbitrator’s order where a landlord has unreasonably withheld consent: see RTA s 65(1)(g). Section 34(3), stipulates that a landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease. | |||
Public housing tenants or tenants receiving a rent subsidy (those renting premises owned by the Crown, or by a non-profit organization receiving rental subsidy by agreement with the Crown, or whose landlord is the B.C. Housing Management Commission) are exempt from these assignment and sublet provisions. Generally this means a subsidized housing tenant cannot assign or sublet a rental unit. | |||
Permitting an occupation by way of a license contract does not constitute assignment or subletting. The contract must actually create a license, and not a sub-tenancy. | |||
See RTB Policy Guideline 19: Assignment and Sublet. | |||
