Residential Subtenancy Agreement

A Residential Subtenancy Agreement allows a Tenant, who has a lease to a residential property, to assign their rights to the property so that a new individual, called the subtenant, can take over all or part of a property in their place. If the premises are to be occupied by someone other than the tenant for the remainder of the lease, then this is not a subtenant but an assignment of the lease, for which a different type of document is required.

This agreement can be used when the original tenant will be gone from the property for a portion of the remaining term under the original lease agreement. If the original Tenant plans to be gone from the property for the remainder of the remaining term, then a different document called Residential Assignment Agreement is required. The subtenant may pay rent to either the landlord or the tenant to take over the space the tenant originally rented from the landlord.

A subtenant agreement is a legally binding contract between all interested parties, including the tenant, the subtenant, and the landlord.

How to use this document?

This Residential Subtenancy Agreement will help you detail all of the required rights and responsibilities necessary to sublease the property to a subtenant. The document allows you to describe the property, arrange who will collect the rent payments, set the amount and frequency of rent payments, and specify whether or not the subtenant will be required to pay a deposit to the landlord. In addition, this document allows you to note if other details.

After filling the document, the tenant and the subtenant must sign the agreement, as well as the landlord in all provinces except New Brunswick. In New Brunswick, the original lease will state whether the landlord must also sign the Subtenancy Agreement.

By signing the Subtenancy Agreement, the Subtenant is agreeing to be bound by all of the terms of the original Lease Agreement between the original Tenant and Landlord. Therefore, when signing the Subtenancy Agreement, it required that the subtenant is in possession of a copy of the original lease.

Applicable Law

As with Lease Agreements, Subtenancy Agreements are subject to the laws of the provinces and territories.

• British Columbia: the Residential Tenancy Act outlines the rights and responsibilities of landlords and tenants, including rules related to repairs and maintenance.
• Alberta: the Residential Tenancies Act sets out the rules for repairs, stating that landlords must ensure that the rental property is in a good state of repair and fit for habitation.
• Saskatchewan: Saskatchewan's Residential Tenancies Act also establishes regulations regarding repairs and maintenance, specifying the responsibilities of both landlords and tenants.
• Manitoba: Manitoba's Residential Tenancies Act provides guidelines on repairs, stating that landlords must keep the rental property in a reasonable state of repair.
• Ontario: the Residential Tenancies Act governs tenant's rights, and it includes provisions for necessary repairs and the process to address maintenance issues.
• Quebec: Quebec's Civil Code outlines the obligations of both landlords and tenants concerning repairs and maintenance of rental properties.
• New Brunswick: New Brunswick's Residential Tenancies Act includes provisions related to repairs and maintenance and sets out the process for dealing with repair issues.
• Nova Scotia: The Residential Tenancies Act of Nova Scotia covers the rights and responsibilities of landlords and tenants, including requirements for repairs and maintenance.
• Prince Edward: Prince Edward Island's Rental of Residential Property Act contains provisions on repairs and maintenance responsibilities for both landlords and tenants.
• Newfoundland and Labrador: Newfoundland and Labrador's Residential Tenancies Act includes regulations on repairs, stating that the landlord is responsible for maintaining the premises in good repair.
• Northwest Territories: the Residential Tenancies Act governs issues related to repairs and maintenance of rental properties.
• Nunavut: the Rental of Residential Property Act provides guidelines on repairs and the responsibilities of landlords and tenants.
• Yukon: Yukon's Residential Landlord and Tenant Act sets out the rules for repairs and maintenance of rental properties in the territory.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.