Sublet/Assignment Information

At Towers Realty Group we understand that sometimes our residents’ personal circumstances may change and they may not wish to fulfill the remaining term of their lease. What is commonly referred to as subletting is defined by the Residential Tenancies Act as an assignment of tenancy. When entering in to a lease agreement, our residents accept responsibility for the terms of the Tenancy Agreement in to which they have entered. The Residential Tenancies Act however, allows for residents to assign their tenancy obligations under their current agreement to a new lease holder.

Once entered in to a Standard Residential Tenancy Agreement, it is the responsibility of the current Lease Holder(s) to find a new Lease Holder to who they can assign their tenancy obligations. This new Lease Holder, however must meet Towers Realty Group’s minimum approval standards. Please read the following information carefully before requesting an Assignment of Tenancy.

Towers Realty Group abides by the policies and procedures for sublet/assignment as prescribed by the Residential Tenancies Act. Further information on sublets and assignments may be found  through the Residential Tenancies Branch at www.gov.mb.ca/cca/rtb/tenant/subletting.html.

INFORMATION FOR CURRENT LEASE HOLDER(S) WISHING TO ASSIGN THEIR TENANCY OBLIGATIONS:

  • READ the Policies and Procedures for Subletting as per Residential Tenancies Branch (below)
  • DOWNLOAD AND FILL IN the Notice of Intent to Assign Tenancy form and attach a cheque or money order for $75.00, payable to Towers Realty (this is non-refundable if the current lease holder changes his/her mind or fails to sublet/assign their tenancy).
  • INFORM your Caretaker or property administrator of your intention to sublet or assign your tenancy. They will forward any calls they receive inquiring about your unit to you should you request it but are not responsible for showing your suite.
  • You will be responsible for advertising and showing of the suite and must use your own telephone number in all advertising.
  • Towers Realty Group will list your sublet/assignment on our website at www.towersrealty.ca should you request it, but will not accept responsibility for making showing arrangements on your behalf. Listing your sublet on our website will notify any people on our waiting lists for your building.
  • Once someone has viewed the suite, let him or her know that they have to go to the Towers Realty office to apply (Unit 100-1420 Taylor Avenue) or they can apply and pay their deposit online at https://www.towersrealty.ca/application-form. They must have a security deposit (half of one month’s rent before any applicable discounts) with them when they submit their application to our office in person.
  • Towers Realty Group will accept up to four applications at a time; do not stop showing the suite until someone has been approved.
  • Do not tell anyone that they are first or second when seeing an apartment. Upon hearing that an applicant has been approved you should remove advertising and cancel any further appointments.
  • The approved applicant will be required to attend the Towers Realty Group Office to sign on to the lease agreement. You will then be required to attend the Towers Realty Office to sign off of your lease before the new tenant is responsible for the terms of the agreement.
  • The Caretaker or Property Administrator will give you a check list of what you need to do before you can do the Move Out Condition Report. You CANNOT schedule your move out condition report until someone has been approved for your suite.
  • Please use common sense when showing your suite; try and have someone there with you when you show the suite to people you do not know.

POLICIES AND PROCEDURES FOR SUBLET AS PER RESIDENTIAL TENANCIES BRANCH

  • An assignment or subletting is not valid unless the landlord gives written consent. The landlord cannot refuse to give consent unless they have a valid reason.
  • A tenant is responsible to find a person to move into their rental unit on an assignment or subletting of the tenancy.
  • A tenant should talk to their landlord before trying to assign or sublet a rental unit. The landlord may have a waiting list of potential tenants which might help the tenant rent their unit more easily.
  • The tenant is responsible to arrange and pay for advertising their rental unit for an assignment or sublet.
  • When consenting to an assignment, the landlord can ask the new tenant for:
    • a security deposit; and
    • payment of the first month’s rent.
  • The new tenant is entitled to any rent discounts offered in the existing tenancy agreement, unless they are conditional discounts. (For example: discounts associated with a Move in Bonus are not transferable)
  • A landlord may charge the original tenant up to $75.00 for consenting to an assignment or sublet.
  • A tenant must get their landlord’s written approval or consent to assign or sublet a tenancy agreement. But, a landlord must have good reason to refuse an assignment or sublet. For example: A landlord can review a rental application and decide not to approve a sublet based on the prospective tenant’s past rental history, credit references and personal references.
  • It is not unreasonable for a landlord to refuse to allow an assignment of the last three months of a tenancy. The landlord may say they will only consent to the assignment if the assignee or new tenant agrees to sign a tenancy agreement renewal. This doesn’t apply to a sublet since a sublet must end before a tenancy agreement does.
  • A tenant who wants to assign or sublet should expect that the landlord will want to check the references of a prospective tenant. A tenant should give the landlord a reasonable number of days to check the references. It’s not unreasonable for a landlord to take up to five business days to do a reference check. It may take longer if some of the references are out of province.
  • Once a landlord consents to an assignment or sublet, they generally cannot withdraw the consent. However, if a landlord consents before they’ve had a chance to do a reference check, they should state in writing that their consent is conditional on the outcome of the reference check. A tenant may want to confirm that the landlord’s consent is unconditional before they arrange for other housing.
  • If a landlord refuses to consent to an assignment or sublet, a tenant may ask the Branch to decide if the landlord is being reasonable. In a case like this, the Branch will only decide if and when the tenancy agreement will end. The Branch will not order a landlord to accept an applicant as a tenant.
  • If a tenant who owes rent or has not met other obligations wants to assign or sublet, the landlord can choose to:
    • allow the assignment or sublet;
    • end the tenancy; or
    • hold the original tenant’s guarantor, if there is one, responsible for the tenancy agreement.
  • If the landlord consents to the assignment or sublet, the tenant is still responsible to pay any rent that is outstanding on the date the assignment or sublet takes effect.