In Manitoba, you have the legal right to sublet your apartment if you plan to return before your lease ends. You must get your landlord’s written consent, but the landlord cannot refuse a qualified subtenant without a valid reason. The landlord may only charge a maximum fee of $75 CAD to process the sublet.
Whether you are a university student leaving Winnipeg for the summer or a professional travelling to another province for a temporary work contract, paying rent for an empty apartment is a massive financial drain. 💸 Subletting is the perfect solution, allowing someone else to live in your unit and cover your rent while you are away.
However, subletting is not as simple as handing your keys to a friend and walking away. Under the Manitoba Residential Tenancies Act, subletting has strict legal requirements. Crucially, when you sublet, you remain the “original tenant.” This means you are still ultimately responsible to the landlord for ensuring the rent is paid and the property is not damaged. Understanding the rules set by the Residential Tenancies Branch (RTB) will protect you from unexpected liabilities.
Step-by-Step Process in Manitoba
If you live in Winnipeg, Brandon, or anywhere else in the province, the subletting process is standardized. Do not try to sublet your unit “under the table,” as this can lead to an immediate eviction.
Step 1: Understand the Difference Between Sublet and Assignment
Before starting, confirm your intentions. 🤔 A “sublet” means you are leaving temporarily but will return to the unit before your current lease expires. If you are leaving permanently and never plan to return, you need an “assignment,” which permanently transfers all your rights to the new tenant.
Step 2: Obtain Written Permission
You must inform your landlord in writing that you intend to sublet. Once you find a potential subtenant, you must provide their application to the landlord. The landlord will then run a background and credit check to ensure the candidate is financially stable and has a good rental history.
Step 3: Draft a Sublet Agreement
Once approved, you should create a formal written agreement between you (now acting as a sub-landlord) and your subtenant. 📝 The RTB provides standard forms for this. This agreement should state exactly how long the sublet lasts, when rent is due, and that the subtenant agrees to follow all the rules of your original lease (like no smoking or noise restrictions).
Step 4: Pay the Fee and Hand Over Possession
The landlord will likely ask you to pay an administrative fee to cover the costs of processing the paperwork. In Manitoba, this fee is legally capped. After it is paid and the paperwork is signed, you can provide the keys to your subtenant and begin your travels.
How Much Does it Cost in Manitoba?
Subletting is designed to save you money, but there are strict rules about how money changes hands.
- Landlord’s Administration Fee: By law, the maximum a landlord can charge to consent to a sublet is $75 CAD.
- Rent Limits: It is illegal in Manitoba to charge your subtenant more rent than you currently pay. If your rent is $1,200 CAD, you cannot charge the subtenant $1,400 CAD to make a profit.
- Damage Deposits: You are allowed to ask your subtenant for a damage deposit. Just like a standard lease, this deposit cannot exceed half of one month’s rent. You must hold this money in trust and return it to them when they leave, provided there is no damage.
| Responsibility | Original Tenant | Subtenant |
|---|---|---|
| Paying Rent to Landlord | Ultimately responsible if subtenant fails to pay | Pays rent to the original tenant (or directly to landlord if agreed) |
| Property Damage | Responsible to the landlord for any damages | Responsible to the original tenant for damages caused |
| Eviction Rights | Can evict the subtenant for unpaid rent | Must vacate when the sublet term ends |
How Long Does the Process Take?
Finding a reliable subtenant can take anywhere from a few days to several weeks, depending on the season. In Winnipeg, sublets are easiest to fill around May and September to align with university schedules.
Once you submit your subtenant’s application to your landlord, the landlord must respond within a reasonable timeframe, typically 3 to 7 days. 📅 If the landlord takes too long or ignores you entirely, you can apply to the RTB for an order to proceed with the sublet.
Frequently Asked Questions (FAQ)
What happens if my subtenant stops paying rent?
Because you are the original tenant, you are still bound by the lease. You must pay the landlord the missing rent to avoid being evicted yourself. You would then have to pursue the subtenant through the Residential Tenancies Branch to recover your money.
Can a landlord completely ban subletting in the lease?
No. Under the Residential Tenancies Act of Manitoba, any clause in a lease that strictly prohibits assigning or subletting is void and unenforceable. You always have the right to request a sublet.
Do I need my roommate’s permission to sublet my room?
If you and your roommate are both on the same lease (co-tenants), you generally need both your roommate’s and the landlord’s consent to bring in a subtenant. It is highly recommended to communicate clearly with roommates to avoid disputes.
Can I use Airbnb to sublet my apartment?
Running a short-term rental business (like Airbnb) is usually a violation of a standard residential lease and does not qualify as a legal sublet under the RTB. Doing this without explicit written permission from your landlord can result in immediate eviction.
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