1.6 Assignment and Sublet
- 1.6.1 What is assignment?
- 1.6.2 What is a sublet?
- 1.6.3 When can a tenant assign or sublet a tenancy agreement?
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1.6.1 What is assignment?
In an assignment, the tenant transfers all his or her rights under a tenancy agreement to a third party who then becomes the tenant of the original landlord. In a manufactured home site tenancy, an assignment usually coincides with the sale of the manufactured home.
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1.6.2 What is a sublet?
A sublease conveys part of the tenant's rights to a third party. For example, the sublease may be for a rental period that is shorter than the original period. The sub-tenant receives only the rights contained in the sublease. The original tenant remains the tenant of the original landlord.
If a tenant agrees to sublet for the full period of the original tenancy, the agreement will be treated as an assignment of the tenancy.
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1.6.3 When can a tenant assign or sublet a tenancy agreement?
A tenant may assign or sublet his or her interest in a tenancy agreement with the written consent of the landlord. The original tenant must make the request. If a tenant assigns or sublets a tenancy agreement without the landlord's consent, the landlord may serve a one month notice to end the tenancy.
If a request is made by the original tenant, the landlord's consent cannot be unreasonably or arbitrarily withheld if the tenancy agreement is for a fixed period of 6 months or more, or if it is for a manufactured home site where the manufactured home and the site are rented from different landlords.
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