Subletting and Assignment

The transfer can be either an assignment, where the tenant gives up all their interest in the unit, or a subletting, where the tenant intends to return to the unit and gives the right to occupy to someone else for a specified period.

There are some exceptions to this right, such as subsidized housing or agreements with tenant services.

The landlord must give written consent and cannot charge for it, except for their prescribed expenses.

  • the landlord cannot reasonably withhold consent

An assignment or subletting takes effect on the date the new tenant is entitled to occupy the unit.

If the transfer does not comply with the law, the occupant is still bound by the tenant's obligations, but possession does not constitute a tenancy agreement between the landlord and occupant.

The new tenant is still liable for any contravention of obligations under the tenancy agreement or the law and can enforce the landlord's obligations during their tenancy.

Manitoba Rental Tenancy Agreement s.42-50