Assignment of a Tenancy Agreement
#1
Anyone got any experience or information on the legalities/procedures for assigning a tenancy agreement?
#2
Banned










Joined: Apr 2009
Posts: 19,878
From: SW Ontario











You need to obtain the landlords consent. You are also liable for the rent in the event the sub tenant doesn't pay.
Forms: http://www.lawdepot.ca/contracts/canada/Alberta/
Info: http://landlordandtenant.org/lldurin...ssignment.aspx
Forms: http://www.lawdepot.ca/contracts/canada/Alberta/
Info: http://landlordandtenant.org/lldurin...ssignment.aspx
#3
Section 22 of the Residential Tenancies Act sets of the legal framework for assignments. A copy of it is here: Residential Tenancies Act
Last edited by Almost Canadian; Sep 26th 2013 at 1:32 am.
#4
You need to obtain the landlords consent [/COLOR]
Forms: http://www.lawdepot.ca/contracts/canada/Alberta/
Info: http://landlordandtenant.org/lldurin...ssignment.aspx
Forms: http://www.lawdepot.ca/contracts/canada/Alberta/
Info: http://landlordandtenant.org/lldurin...ssignment.aspx
#5
It's relatively straightforward by the nuances of what you can and what you cannot do will be governed by the tenancy agreement.
Section 22 of the Residential Tenancies Act sets of the legal framework for assignments. A copy of it is here: Residential Tenancies Act
Section 22 of the Residential Tenancies Act sets of the legal framework for assignments. A copy of it is here: Residential Tenancies Act
Tenant has to ask for consent of the landlord to assign. What would be reasonable grounds for the landlord to object to assignment?
Would it be advisable to use a lawyer for the legal agreement to assign? Does the landlord sign the assignment agreement or is it just the original and new tenant?
I've recently moved into a new rented house. Unfortunately there was very little choice just at the time we had to move so if the opportunity arises to move I just want to understand what we would be entitled to do.
#6
#7










Joined: Sep 2008
Posts: 12,830











As a landlord, I would not absolve the original tenant from liability. I would allow reassignment, however only with the caveat that should the assignee default, the original tenant remained responsible for unpaid rent and any damages without the need for me to go to court and seek redress from the assignee. I would never enter into such an agreement without legal advice.




