To legally sublet an apartment in Newfoundland and Labrador, you must obtain written permission from your landlord. Under the Residential Tenancies Act, a landlord cannot arbitrarily or unreasonably refuse your request to assign or sublet the rental unit, but they may charge you for reasonable, out-of-pocket expenses incurred during the approval process.
Life is full of unexpected changes. You might get a temporary job transfer out of St. John’s, decide to travel for the summer from Gander, or need to move closer to family in Conception Bay South before your one-year lease is up. When you need to leave your rental unit before the end of your fixed-term lease agreement, subletting or assigning your lease is often the most cost-effective solution.
📍 However, you cannot simply hand over your keys to a friend and leave. The Residential Tenancies Act of Newfoundland and Labrador outlines strict rules for both tenants and landlords regarding this process. Subletting legally protects you from massive financial penalties or an eviction on your rental record. This guide will carefully walk you through the difference between a sublet and an assignment, and the exact steps you must take to legally transfer your apartment.
Understanding Subletting vs. Lease Assignment
Before proceeding, it is crucial to understand the legal difference between subletting and assigning, as it drastically affects your future liability. A sublet occurs when you rent the apartment to someone else for a temporary period, intending to return before the main lease expires. In a sublet, you are still legally the tenant; you pay the landlord, and the sub-tenant pays you. An assignment happens when you permanently transfer the remainder of your lease to a new person and you have no intention of returning. You step away entirely, and the new tenant takes over all rights and responsibilities.
Step-by-Step Process for Subletting in NL
The process for both subletting and assigning in Newfoundland and Labrador is essentially identical when it comes to dealing with your landlord. Communication and proper documentation are your best tools here.
Step 1: Review Your Current Lease Agreement
Start by carefully reading your current rental agreement. It will likely contain a specific clause regarding sublets and assignments. While a landlord cannot outright ban you from subletting in a standard fixed-term lease, the lease will clearly outline that written consent is mandatory before anyone new moves in.
Step 2: Find a Qualified Candidate
It is generally your responsibility to find the new tenant. You should look for someone reliable, as in a sublet scenario, you are ultimately financially responsible if they cause damage or stop paying rent. If you are assigning the lease, the landlord will want someone with a stable income and a good rental history, so gather their references in advance to speed up the process.
Step 3: Submit a Formal Written Request
📧 Once you have a candidate, you must formally request permission. Send a written letter or email to your landlord asking to sublet or assign the lease to your proposed candidate. Provide the new person’s name, contact information, and references. Under provincial law, the landlord must review this request and cannot arbitrarily say “no” without a valid, objective reason (like the candidate having a history of severe property damage).
Step 4: Sign the Necessary Agreements
If the landlord approves, get that consent in writing! If you are assigning the lease, the landlord and the new tenant will usually sign a document transferring the lease. If you are subletting, you should sign a separate “sublease agreement” with your sub-tenant detailing their requirement to follow the original lease rules, how they will pay you, and the exact move-out date.
How Much Does it Cost in Newfoundland and Labrador?
While assigning or subletting helps you avoid paying rent for an empty apartment, there are still some small costs involved. Here is a breakdown in CAD:
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Landlord Consent Fee | $0 – $50 | NL law allows landlords to charge for “reasonable expenses” (like running a credit check) to approve a sublet. |
| Advertising the Unit | $0 – $30 | Costs for posting premium listings online to find a sub-tenant quickly. |
| Lease Break Penalty | N/A | By legally subletting or assigning, you avoid the hefty financial penalty of illegally breaking your lease. |
How Long Does the Process Take?
Finding a suitable candidate in tight rental markets like St. John’s or Mount Pearl can take anywhere from a few days to a few weeks. Once you submit your formal written request and the candidate’s details to your landlord, the landlord is expected to respond within a “reasonable time.” Generally, you should allow your landlord 3 to 7 business days to run credit checks and verify references before following up.
Frequently Asked Questions (FAQ)
What happens if the landlord ignores my written request?
If a landlord unreasonably ignores your request or refuses consent without a valid reason, you can apply to the Residential Tenancies Division (RTD) for a hearing. An adjudicator can order the landlord to allow the sublet or legally allow you to terminate your lease early.
Can I charge the sub-tenant a higher rent to make a profit?
No. In Newfoundland and Labrador, you cannot legally charge a sub-tenant more than the rent you currently pay to the main landlord. You are also not allowed to charge them extra illegal “key money” or hidden fees.
Do I get my security deposit back when I sublet?
If you are temporarily subletting, your original security deposit stays with the landlord. You can request a security deposit from your sub-tenant to protect yourself. If you are permanently assigning the lease, you usually settle the deposit privately with the new tenant, or the landlord handles the transfer.
Am I responsible for damages caused by the sub-tenant?
Yes. In a sublet arrangement, you are still the legal tenant. If your sub-tenant punches a hole in the wall or stops paying rent, the landlord will pursue you for the money, and you will then have to pursue your sub-tenant.
Can a landlord charge me a flat $250 fee to sublet?
No. Under the Residential Tenancies Act, landlords cannot charge arbitrary, fixed “sublet fees.” They are only legally allowed to ask you to reimburse their actual, proven out-of-pocket expenses incurred during the approval process, such as the exact cost of a credit check.
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