Subletting in Alberta needs the landlord's written consent, and the same goes for assigning a lease. The landlord cannot refuse without reasonable grounds, must give written reasons, and cannot charge a fee; if the landlord does not answer within 14 days, consent is deemed given (Residential Tenancies Act, s.22).
This FAQ is for Alberta tenants who need to leave early or bring someone in, and for landlords answering a sublet request. It covers the consent rule, the difference between a sublease and an assignment, and what happens with roommates who are not on the lease. For the wider picture, see the Alberta tenant guide and the Alberta landlord guide.
Can a tenant sublet in Alberta without the landlord's permission?
No. An assignment or sublease of an Alberta residential tenancy agreement is not valid without the landlord's written consent (RTA s.22(1)). The request and the answer should both be in writing so there is a record of the date the landlord received it.
| Rule | What the Act says | Section |
|---|---|---|
| Consent needed | Written consent of the landlord | s.22(1) |
| Grounds to refuse | Only reasonable grounds | s.22(2) |
| No answer in 14 days | Landlord is deemed to have consented | s.22(4) |
| Refusal | Written reasons to the tenant | s.22(5) |
| Fee for consent | Not allowed | s.22(6) |
What is the difference between a sublease and an assignment in Alberta?
In a sublease the original tenant plans to come back; in an assignment the original tenant leaves for good and the new tenant takes over the agreement. The Government of Alberta's RTA Handbook explains that in a sublease the original tenant stays responsible to the landlord if the subtenant does not meet the obligations, while in an assignment the new tenant becomes responsible for the agreement.
Alberta's guidance also says a tenant who subleases or assigns "may or may not be responsible" for the rest of the agreement, so a tenant should read the lease and the consent wording closely before moving out. A subtenant or assignee the landlord consented to counts as a tenant under the Act (s.1(1)(t)(ii)).
What counts as a reasonable ground to refuse?
The Act does not list reasonable grounds for ordinary landlords, so each refusal stands on its own facts and must be explained in writing (s.22(2), (5)). A landlord who refuses should state the actual reason, for example the information it relied on about the proposed occupant. A tenant who thinks a refusal is unreasonable can take the dispute to the Residential Tenancy Dispute Resolution Service (RTDRS) or the courts.
What about roommates who are not on the lease?
An Alberta landlord can serve a person who is living in the unit but is not a tenant with a notice to vacate giving at least 14 days (s.36(1), (2)). The notice must be in writing, signed by the landlord or agent, and set out the time and date to leave (s.36(3)). If the person stays, the landlord can apply to a court or the RTDRS for an order (s.36(4)).
If the tenant has abandoned the unit and someone else is living there, the notice to that person is at least 48 hours instead (s.33(2)). Alberta recommends listing every tenant's name in the tenancy agreement at the start, so it is clear who may live there. See what an Alberta lease must contain.
Frequently asked questions
Can my lease say I can never sublet?
A lease term cannot take away a tenant's rights under the Act, because any waiver or release of those rights by a tenant is void (s.3(1)). The landlord still has to consider a request and can only refuse on reasonable grounds.
Can a landlord charge an admin fee to approve a sublet?
No. A landlord shall not charge a fee or other consideration for giving consent to an assignment or sublease (s.22(6)).
When does the 14-day clock start?
It runs from when the landlord receives the request (s.22(4)). Serve the request personally or by registered mail, the service methods the Act sets out (s.57(1)), and keep proof of the date.
Does the security deposit move to the new tenant?
The Act does not set a single rule for this, so the tenant, the incoming person and the landlord should agree it in writing at the time of consent. The deposit rules themselves are in Alberta security deposits.
Put the request and the answer in writing
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