Subletting rules in Alberta: what landlords and tenants need to know
Subletting in Alberta requires written landlord consent under the Residential Tenancies Act, and the original tenant remains fully responsible for the lease throughout the sublet period.This guide covers Alberta tenancy law only. For other provinces, see our [rental laws guides].
In Alberta, subletting is governed by the Residential Tenancies Act. Tenants may sublet their unit, but written permission from the landlord is required before proceeding.
What Is Subletting?
Subletting occurs when a named tenant temporarily vacates their rental unit and allows another person (the subtenant) to occupy it for a period while the original lease remains in effect. The original tenant retains responsibility for the tenancy throughout.
Do You Need the Landlord's Permission?
Yes. Subletting in Alberta requires written permission from the landlord. While the Residential Tenancies Act does not explicitly state that consent cannot be unreasonably withheld in all cases, landlords generally cannot refuse without valid grounds for fixed-term leases, according to the liv.rent subletting guide. Tenants who believe a refusal is unreasonable can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for a binding decision.
Can a Landlord Charge a Fee for Consent?
No. Landlords cannot charge a fee for consenting to a sublet in Alberta.
Who Is Responsible During a Sublet?
The original tenant remains fully responsible to the landlord for rent and any damage caused by the subtenant throughout the sublet period. If the subtenant fails to pay rent or causes damage, the landlord can pursue the original tenant.
What Happens if a Tenant Sublets Without Permission?
Subletting without the landlord's written consent is a breach of the tenancy agreement and can give the landlord grounds to terminate the tenancy. Tenants should always obtain written consent before allowing a subtenant to move in.
How Are Disputes Resolved?
Disputes about subletting, including unreasonable refusals by landlords, can be brought to the RTDRS. Decisions are legally binding and enforceable.
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