5,109
edits
Difference between revisions of "Subletting and Assignment in Residential Tenancies (19:VIII)"
Jump to navigation
Jump to search
Subletting and Assignment in Residential Tenancies (19:VIII) (view source)
Revision as of 06:27, 17 November 2019
, 06:27, 17 November 2019no edit summary
| Line 1: | Line 1: | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
== A. Right to Assign or Sublet and Duty to Obtain Consent == | == '''A. 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 written consent of the landlord (s.34(1)); in other words, the landlord’s written 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 with six months or more remaining (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. | According to s 34 of the RTA, a tenant may assign or sublet his or her interest in a tenancy agreement with the written consent of the landlord (s.34(1)); in other words, the landlord’s written 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 with six months or more remaining (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. | ||
| Line 12: | Line 12: | ||
== B. Creating a Sublet == | == '''B. Creating a Sublet''' == | ||