A tenant can sublet or assign their rental unit with written consent from their landlord, who cannot unreasonably withhold consent.

However, the landlord can withhold consent if it would result in an unreasonable number of people occupying the rental unit.

• The landlord cannot charge a fee in excess of actual expenses for giving consent.

If a tenant assigns their rental unit, the tenancy agreement continues with the new tenant liable for breaches of obligations during and after the assignment. The former tenant is liable for breaches before the assignment. If a tenant sublets their rental unit, they remain liable for breaches of obligations during the subtenancy, and the subtenant is liable for breaches of their obligations during the subtenancy.

Note: Rent payable under a sublet cannot exceed the rent payable under the tenancy agreement, and if the tenant and subtenant occupy the rental unit together, the rent must be divided fairly.

PEI RTA s.30