Subletting and Assignment

A tenant can transfer their right to occupy rental premises to another person if they have a tenancy agreement for at least six months, or if they have no fixed tenancy agreement but have occupied the premises for at least six months.

If the tenant does not intend to return to the rental premises, they must use an assignment arrangement where they give up all their interest in the rental premises to the other person.

If the tenant intends to return to the rental premises, they must use a subletting arrangement, where they give the right to occupy the rental premises to another person for a specified period before the end of their term, and they will resume occupancy on that date.

Neither an assignment nor a subletting arrangement is valid unless the landlord has given written consent,

  • This cannot be unreasonably withheld.

  • If the landlord unreasonably withholds their consent, the tenant can request an order from a rental officer to permit the assignment or subletting without the landlord's written consent.

The landlord cannot charge for giving consent to an assignment or subletting except for reasonable expenses incurred to give the consent,

  • This can not exceeding $50.

The consent to an assignment or subletting can be in an approved form and must be signed by the landlord or agent of the landlord.

The assignment or subletting agreement can be in an approved form and must be:

  • signed by the tenant,

  • new tenant or

  • subtenant, and their agents.

If there is a written tenancy agreement, a copy of the tenancy agreement must be attached to the assignment or subletting agreement.

NWT RTA s.22-24