In Edmonton, you cannot legally sublet your rental unit without getting written consent from your landlord under the Alberta Residential Tenancies Act. Landlords have exactly 14 days to respond to your written request; if they do not reply, their consent is automatically assumed. While you cannot be charged a penalty, the landlord can ask for a reasonable administrative fee of around $25 to $50 CAD to review the new tenant.
Life can be unpredictable. Whether you are moving to Calgary for a new job or travelling abroad for several months, you might find yourself needing to leave your Edmonton apartment before your lease officially ends. Breaking a lease can be incredibly expensive, often costing thousands of dollars in penalties. Subletting offers a fantastic alternative, allowing someone else to live in your unit and pay the rent while you are away.
However, handing over your keys to a stranger without following the proper legal channels is a fast track to eviction. In Alberta, the laws surrounding residential tenancies are very strict regarding who is allowed to occupy a property. Navigating the sublet process correctly ensures you protect your security deposit and avoid disputes at the Residential Tenancy Dispute Resolution Service (RTDRS). This guide walks you through the exact steps required to legally sublet your home.
Step-by-Step Process to Sublet in Edmonton
Subletting in Alberta means you are temporarily moving out and acting as a “middleman” between the new subtenant and your actual landlord. You remain legally responsible for the lease. Here is how you can set this up legally and safely.
Step 1: Find a Qualified Subtenant
Before you approach your landlord, you need to find a reliable person to take over your space. You can advertise on platforms like Kijiji or RentFaster. It is highly recommended to check their references, verify their employment, and perhaps even run a soft credit check. You want to ensure they can actually afford the rent, because if they stop paying, you are still on the hook.
Step 2: Submit a Written Request to the Landlord
Under Alberta law, you must ask for permission in writing. You cannot just send a casual text message. Write a formal letter or email outlining the proposed subtenant’s name, their contact information, and the exact dates of the sublease. Send this to your property manager or landlord. The law states that a landlord cannot refuse a sublet without a valid, reasonable ground (for example, if the proposed tenant has a terrible credit history).
Step 3: Wait for the 14-Day Deadline
Once your landlord receives the written request, the clock starts ticking. They have exactly 14 calendar days to reply in writing. If they approve, or if they simply ignore your request and do not reply within the 14 days, you are legally permitted to proceed with the sublease. If they refuse, they must provide their reasons in writing.
Step 4: Draft and Sign a Sublease Agreement
Once approved, you should sign a written sublease agreement with your new subtenant. This document outlines the rent amount, utility responsibilities, and rules of the property. Consulting with a local real estate lawyer to provide a standard template is an excellent way to ensure your legal bases are covered.
How Much Does it Cost in Edmonton?
Securing permission to sublet is generally an inexpensive process, but there are a few potential costs you should anticipate.
| Fee Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Landlord Review Fee | $25 – $50 | The original tenant. Must be a “reasonable” fee for checking references. |
| Lawyer Drafting Fee | $150 – $350 | The original tenant (optional, but recommended for custom sublease contracts). |
| Subtenant Security Deposit | Up to 1 month’s rent | The subtenant pays this to the original tenant. |
How Long Does the Process Take?
The timeline for setting up a sublet is quite fast compared to other real estate transactions. Finding a good tenant is usually the longest part, taking anywhere from a few days to a few weeks. Once you have your candidate, the landlord approval phase has a strict legal maximum of 14 days.
It is generally best to start this entire process at least a month before your planned move-out date. This gives you ample buffer time to find a replacement tenant if your landlord reasonably denies your first candidate due to poor references.
Frequently Asked Questions (FAQ)
What is the difference between subletting and assigning?
Subletting means you plan to return to the apartment before the lease ends; you become the subtenant’s landlord. Assigning a lease means you are leaving permanently and transferring all your legal rights and responsibilities directly to the new tenant. Both require the landlord’s written consent in Alberta.
Can my landlord charge me a $500 sublet penalty?
No. Under the Alberta Residential Tenancies Act, landlords cannot charge unreasonable fees or penalties just to grant consent. They can only charge you for their actual out-of-pocket expenses incurred while reviewing the subtenant (like the cost of running a credit check), which rarely exceeds $50.
What happens if the subtenant trashes the apartment?
Because you are still legally bound to the original lease, your landlord will come after you for the damages or unpaid rent. This is why it is highly recommended to collect a security deposit directly from your subtenant and sign a firm sublease agreement.
Can I sublet my Edmonton condo if the condo board says no?
If you rent a condominium, you are bound by both the RTA and the building’s condominium bylaws. If the condo corporation’s bylaws strictly prohibit short-term rentals or subleasing, those rules generally override your individual tenancy agreement.
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