Sublet in BC

[lreg]

Just wondering if anyone has info or experience on subletting in BC?



My tenant wants to use section 9.1 of the residential tenancy act which says that "The tenant may assign or sublet the rental unit to another person with the written consent of the landlord. If this tenancy agreement is for a fixed length of 6 months or more, the landlord must not unreasonably withhold consent..."



What is unreasonable?



How would i structure this to limit my risk, and make sure I get paid for the remainder of the lease (through March 2012)



Thank You!

 

[invst4profit]

Ontario has similar language in our RTA. In our case, as the landlord, we screen the tenants applicant exactly the same as we would screen any applicant. If they do not pass our regular screening requirements, credit score, employment, past landlord references etc., then the applicant is reject as a sublet or assignment.

As long as all applicants are judged by the same standards you are being reasonable.



In Ontario there is a major difference between sublet and assignment (likely the same in BC). A sublet means that the new tenant is actually a tenant of the original tenant on lease. This means the original tenant is fully responsible for the actions of the subtenant and ultimately responsible for the rent for the duration of the lease. The landlord maintains the tenant/landlord relationship with the original tenant.

A assignment on the other hand is such that the original tenant is released from there lease and the assignee signs a new lease with the landlord becoming there new tenant.

 

[lreg]

appreciate the insight! great info just what i needed!