Subletting occurs when a tenant vacates the property they are renting and on-rents it to someone else, such as for a residential tenancy or a short-term vacation rental. Subletting can also occur when a tenant relinquishes possession of a portion of the rental and assigns it to someone else for a set period. The important thing to remember is that the tenant’s tenancy does not end when he or she moves out. This means that the tenant is still responsible to the landlord, but he or she also becomes the landlord of the new tenants.
10+ Sublet Tenancy Agreement Samples
A sublet, also known as a sublease agreement, allows you to add a new tenant to an existing lease. The new person (subletter) usually replaces someone who is leaving (sublessor or sublessee), but it can happen with any new person added to a lease. A sublease is a legally binding contract, and everyone involved is subject to the same lease rules and rental laws as if it were a regular lease.
1. Sublet Tenancy Agreement Template
2. Sublet Tenancy Agreement
3. Sample Sublet Tenancy Agreement
4. Standard Sublet Tenancy Agreement
5. Sublet Tenancy Agreement Form
6. Sublet Permission Tenancy Agreement
7. Basic Sublet Tenancy Agreement
8. Sublet Rent Tenancy Agreement
9. Residential Sublet Tenancy Agreement
10. Sublet Student Room Tenancy Agreement
11. Sublet Owner Tenancy Agreement
Sublet Tenancy
If a tenant sublets the entire house or a portion of it, they must enter into a written residential tenancy agreement with the person to whom they sublet if the arrangement is covered by the Residential Tenancies Act. This sub-tenancy agreement between the sub-landlord and the sub-tenants are governed by the same set of rules as a standard tenancy. The Residential Tenancies Act will not apply to the arrangement if it is for holiday purposes, and a residential tenancy agreement will not be required, but the tenant will still need their landlord’s permission to sublet the property.
This means that the property is occupied by two tenancy agreements at the same time:
- the initial agreement between the landlord and the tenant
- the contract between the tenant and the person to whom they are subleasing (the sub-tenancy).
Rights of Secure and Flexible Tenants to Sublet
The majority of tenants who live in public housing are safe. If your landlord is a housing association and your tenancy began before January 15, 1989, you are also likely to be a secure tenant.
The majority of secure tenancies do not have an expiration date. Your tenancy is a ‘flexible tenancy’ if it has an end date and you rent from the local government. Secure tenancies come in various forms, including flexible tenancies.
With your landlord’s written permission, you can sublet a portion of your home. You violate your tenancy agreement if you sublet part of your home without permission. Your landlord cannot refuse to agree to a request to sublet a portion of your home without cause. Also, if your landlord allows you to sublet, he or she cannot impose any conditions.
If your landlord refuses to let you sublet a portion of your home, they must explain why. You can’t legally sublet your entire house. If you do, you will lose your secure tenant status, and your landlord will be able to evict you.
FAQs
Is subletting risky?
It carries the same risks as sharing a room, except that neither person will be present to deal with problems as they arise. You are jointly and severally liable with your subletter if they skip town or damage the apartment, and you may be stuck with the bill. If you’re a newcomer, it may feel like a regular rental, except that the person you’ll be in contact with the most is both a tenant and (sort of) a landlord. In any case, unlike a roommate, chances are this isn’t someone you’ve met before.
When can a tenant sublet?
- The tenant has the landlord’s written agreement or is considered to have obtained the landlord’s consent in the case of a manufactured home park tenancy; or
- The tenant has a sublease or assignment order from the Residential Tenancy Branch (RTB); and
- Subletting or assignment of the rental unit is not prohibited by the tenancy agreement (subsidized housing providers usually do not allow subletting or assignment).
If you want to see more samples and formats, check out some sublet tenancy agreement samples and templates provided in the article for your reference.
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