Acts and Regulations

R-10.2 - The Residential Tenancies Act

Section 13
Disposition versions

Full text
Assignment
13(1)Subject to this section and the terms of the lease, a tenant may assign all of his rights under the lease for the remaining term of such lease or for a portion thereof.
13(2)Where there is an assignment by a tenant
(a) the assignee assumes all of the obligations with respect to the tenancy, during the period assigned, and
(b) no action lies against the assignor for any obligation with respect to the tenancy arising during the period assigned,
and sections 5, 6 and 19 shall apply mutatis mutandis.
13(2.1)Notwithstanding subsection (2) where there is an assignment for a portion of the remaining term of the lease and an assignee fails to comply with his obligations, where a landlord serves on the assignee a notice stating the complaint under subsection 5(1), the landlord shall send a copy of the notice to the assignor by ordinary mail to
(a) the address provided by the assignor to the landlord for the period of the assignment, or
(b) the address of the premises if the assignor has not provided the landlord with an address for the period of the assignment.
13(2.2)Notwithstanding subsection (1) where there is an assignment by a tenant of a portion of the remaining term of a lease, any notice of increase in rent during the period of the assignment, shall be served on the assignor with a copy thereof sent to the assignee, and the right to treat the notice as a notice to terminate the tenancy pursuant to section 11.1 shall remain in the assignor.
13(2.3)For the purpose of claims under subsection 8(12) or requests under subsection 8(12.1), a security deposit made by an assignor shall be deemed to have been made by the assignee.
13(3)A lease may provide that
(a) the tenant may not assign his rights under the lease, or
(b) the tenant may assign his rights under the lease only with the consent of the landlord.
13(4)Where the lease falls under paragraph (3)(b)
(a) the tenant shall give to the landlord notice in the form prescribed by regulation of a request for the consent of the landlord;
(b) except where acting under paragraph (d), the landlord shall not arbitrarily or unreasonably withhold his consent;
(c) the landlord shall not charge any amount for giving his consent except a sum to a maximum of twenty dollars to cover his reasonable expenses incurred thereby; and
(d) subject to subsection (6), the landlord instead of consenting within seven days of service of the tenant’s notice under paragraph (a), may serve on the tenant notice to quit terminating the lease to be effective on the day on which the requested assignment was to be effective.
13(4.1)A notice to quit referred to in subsection (4)
(a) shall be in writing,
(b) shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
13(5)Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice in writing, dated and signed by the landlord or an agent or representative of the landlord, within seven days after service of such notice, the landlord is deemed to have given the landlord’s consent to the tenant’s request.
13(6)Where a tenant seeks consent of a landlord under subsection (4), paragraph (4)(d) does not apply,
(a) where the tenant is seeking consent solely for the purpose of entering into a mortgage of the premises; or
(b) where the tenant wishes to assign his rights under the lease for a portion only of the remaining term of the lease.
13(7)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion
(a) the transferee assumes all of the obligations with respect to the tenancy; and
(b) no action lies against the transferor for any obligation with respect to the tenancy;
arising after notification of the transfer takes place in accordance with subsection (8).
13(8)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion he shall notify the residential tenancies officer and the tenant of such transfer in the form prescribed by regulation within seven days after such transfer.
13(9)Where pursuant to subsection (7) a transferee assumes the obligations with respect to a tenancy, he is a landlord for all purposes of this Act.
13(9.1)Subsections (7), (8) and (9) do not apply where the landlord transfers an estate in the property to a mortgagee solely for the purpose of mortgaging the real property of which the premises form all or a portion.
13(10)Repealed: 1983, c.82, s.9
13(11)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.9; 1987, c.52, s.3; 2006, c.5, s.11; 2017, c.1, s.1
Tenant’s right of assignment
13(1)Subject to this section and the terms of the lease, a tenant may assign all of his rights under the lease for the remaining term of such lease or for a portion thereof.
Obligations of assignee
13(2)Where there is an assignment by a tenant
(a) the assignee assumes all of the obligations with respect to the tenancy, during the period assigned, and
(b) no action lies against the assignor for any obligation with respect to the tenancy arising during the period assigned,
and sections 5, 6 and 19 shall apply mutatis mutandis.
Non-compliance by assignee
13(2.1)Notwithstanding subsection (2) where there is an assignment for a portion of the remaining term of the lease and an assignee fails to comply with his obligations, where a landlord serves on the assignee a notice stating the complaint under subsection 5(1), the landlord shall send a copy of the notice to the assignor by ordinary mail to
(a) the address provided by the assignor to the landlord for the period of the assignment, or
(b) the address of the premises if the assignor has not provided the landlord with an address for the period of the assignment.
Notice of rent increase
13(2.2)Notwithstanding subsection (1) where there is an assignment by a tenant of a portion of the remaining term of a lease, any notice of increase in rent during the period of the assignment, shall be served on the assignor with a copy thereof sent to the assignee, and the right to treat the notice as a notice to terminate the tenancy pursuant to section 11.1 shall remain in the assignor.
Security deposit made by assignor
13(2.3)For the purpose of claims under subsection 8(12) or requests under subsection 8(12.1), a security deposit made by an assignor shall be deemed to have been made by the assignee.
Provisions in lease
13(3)A lease may provide that
(a) the tenant may not assign his rights under the lease, or
(b) the tenant may assign his rights under the lease only with the consent of the landlord.
Provisions in lease
13(4)Where the lease falls under paragraph (3)(b)
(a) the tenant shall give to the landlord notice in the form prescribed by regulation of a request for the consent of the landlord;
(b) except where acting under paragraph (d), the landlord shall not arbitrarily or unreasonably withhold his consent;
(c) the landlord shall not charge any amount for giving his consent except a sum to a maximum of twenty dollars to cover his reasonable expenses incurred thereby; and
(d) subject to subsection (6), the landlord instead of consenting within seven days of service of the tenant’s notice under paragraph (a), may serve on the tenant notice to quit terminating the lease to be effective on the day on which the requested assignment was to be effective.
13(4.1)A notice to quit referred to in subsection (4)
(a) shall be in writing,
(b) shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
Provisions in lease
13(5)Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice in writing, dated and signed by the landlord or an agent or representative of the landlord, within seven days after service of such notice, the landlord is deemed to have given the landlord’s consent to the tenant’s request.
Provisions in lease
13(6)Where a tenant seeks consent of a landlord under subsection (4), paragraph (4)(d) does not apply,
(a) where the tenant is seeking consent solely for the purpose of entering into a mortgage of the premises; or
(b) where the tenant wishes to assign his rights under the lease for a portion only of the remaining term of the lease.
Transfer of estate by landlord
13(7)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion
(a) the transferee assumes all of the obligations with respect to the tenancy; and
(b) no action lies against the transferor for any obligation with respect to the tenancy;
arising after notification of the transfer takes place in accordance with subsection (8).
Transfer of estate by landlord
13(8)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion he shall notify the rentalsman and the tenant of such transfer in the form prescribed by regulation within seven days after such transfer.
Transfer of estate by landlord
13(9)Where pursuant to subsection (7) a transferee assumes the obligations with respect to a tenancy, he is a landlord for all purposes of this Act.
Transfer of estate by landlord
13(9.1)Subsections (7), (8) and (9) do not apply where the landlord transfers an estate in the property to a mortgagee solely for the purpose of mortgaging the real property of which the premises form all or a portion.
Repealed
13(10)Repealed: 1983, c.82, s.9
Prior agreement for a term of years
13(11)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.9; 1987, c.52, s.3; 2006, c.5, s.11
Tenant’s right of assignment
13(1)Subject to this section and the terms of the lease, a tenant may assign all of his rights under the lease for the remaining term of such lease or for a portion thereof.
Obligations of assignee
13(2)Where there is an assignment by a tenant
(a) the assignee assumes all of the obligations with respect to the tenancy, during the period assigned, and
(b) no action lies against the assignor for any obligation with respect to the tenancy arising during the period assigned,
and sections 5, 6 and 19 shall apply mutatis mutandis.
Non-compliance by assignee
13(2.1)Notwithstanding subsection (2) where there is an assignment for a portion of the remaining term of the lease and an assignee fails to comply with his obligations, where a landlord serves on the assignee a notice stating the complaint under subsection 5(1), the landlord shall send a copy of the notice to the assignor by ordinary mail to
(a) the address provided by the assignor to the landlord for the period of the assignment, or
(b) the address of the premises if the assignor has not provided the landlord with an address for the period of the assignment.
Notice of rent increase
13(2.2)Notwithstanding subsection (1) where there is an assignment by a tenant of a portion of the remaining term of a lease, any notice of increase in rent during the period of the assignment, shall be served on the assignor with a copy thereof sent to the assignee, and the right to treat the notice as a notice to terminate the tenancy pursuant to section 11.1 shall remain in the assignor.
Security deposit made by assignor
13(2.3)For the purpose of claims under subsection 8(12) or requests under subsection 8(12.1), a security deposit made by an assignor shall be deemed to have been made by the assignee.
Provisions in lease
13(3)A lease may provide that
(a) the tenant may not assign his rights under the lease, or
(b) the tenant may assign his rights under the lease only with the consent of the landlord.
Provisions in lease
13(4)Where the lease falls under paragraph (3)(b)
(a) the tenant shall give to the landlord notice in the form prescribed by regulation of a request for the consent of the landlord;
(b) except where acting under paragraph (d), the landlord shall not arbitrarily or unreasonably withhold his consent;
(c) the landlord shall not charge any amount for giving his consent except a sum to a maximum of twenty dollars to cover his reasonable expenses incurred thereby; and
(d) subject to subsection (6), the landlord instead of consenting within seven days of service of the tenant’s notice under paragraph (a), may serve on the tenant notice to quit terminating the lease to be effective on the day on which the requested assignment was to be effective.
13(4.1)A notice to quit referred to in subsection (4)
(a) shall be in writing,
(b) shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
Provisions in lease
13(5)Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice in writing, dated and signed by the landlord or an agent or representative of the landlord, within seven days after service of such notice, the landlord is deemed to have given the landlord’s consent to the tenant’s request.
Provisions in lease
13(6)Where a tenant seeks consent of a landlord under subsection (4), paragraph (4)(d) does not apply,
(a) where the tenant is seeking consent solely for the purpose of entering into a mortgage of the premises; or
(b) where the tenant wishes to assign his rights under the lease for a portion only of the remaining term of the lease.
Transfer of estate by landlord
13(7)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion
(a) the transferee assumes all of the obligations with respect to the tenancy; and
(b) no action lies against the transferor for any obligation with respect to the tenancy;
arising after notification of the transfer takes place in accordance with subsection (8).
Transfer of estate by landlord
13(8)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion he shall notify the rentalsman and the tenant of such transfer in the form prescribed by regulation within seven days after such transfer.
Transfer of estate by landlord
13(9)Where pursuant to subsection (7) a transferee assumes the obligations with respect to a tenancy, he is a landlord for all purposes of this Act.
Transfer of estate by landlord
13(9.1)Subsections (7), (8) and (9) do not apply where the landlord transfers an estate in the property to a mortgagee solely for the purpose of mortgaging the real property of which the premises form all or a portion.
Repealed
13(10)Repealed: 1983, c.82, s.9
Prior agreement for a term of years
13(11)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.9; 1987, c.52, s.3; 2006, c.5, s.11
Tenant’s right of assignment
13(1)Subject to this section and the terms of the lease, a tenant may assign all of his rights under the lease for the remaining term of such lease or for a portion thereof.
Obligations of assignee
13(2)Where there is an assignment by a tenant
(a) the assignee assumes all of the obligations with respect to the tenancy, during the period assigned, and
(b) no action lies against the assignor for any obligation with respect to the tenancy arising during the period assigned,
and sections 5, 6 and 19 shall apply mutatis mutandis.
Non-compliance by assignee
13(2.1)Notwithstanding subsection (2) where there is an assignment for a portion of the remaining term of the lease and an assignee fails to comply with his obligations, where a landlord serves on the assignee a notice stating the complaint under subsection 5(1), the landlord shall send a copy of the notice to the assignor by ordinary mail to
(a) the address provided by the assignor to the landlord for the period of the assignment, or
(b) the address of the premises if the assignor has not provided the landlord with an address for the period of the assignment.
Notice of rent increase
13(2.2)Notwithstanding subsection (1) where there is an assignment by a tenant of a portion of the remaining term of a lease, any notice of increase in rent during the period of the assignment, shall be served on the assignor with a copy thereof sent to the assignee, and the right to treat the notice as a notice to terminate the tenancy pursuant to section 11.1 shall remain in the assignor.
Security deposit made by assignor
13(2.3)For the purpose of claims under subsection 8(12) or requests under subsection 8(12.1), a security deposit made by an assignor shall be deemed to have been made by the assignee.
Provisions in lease
13(3)A lease may provide that
(a) the tenant may not assign his rights under the lease, or
(b) the tenant may assign his rights under the lease only with the consent of the landlord.
Provisions in lease
13(4)Where the lease falls under paragraph (3)(b)
(a) the tenant shall give to the landlord notice in the form prescribed by regulation of a request for the consent of the landlord;
(b) except where acting under paragraph (d), the landlord shall not arbitrarily or unreasonably withhold his consent;
(c) the landlord shall not charge any amount for giving his consent except a sum to a maximum of twenty dollars to cover his reasonable expenses incurred thereby; and
(d) subject to subsection (6), the landlord instead of consenting within seven days of service of the tenant’s notice under paragraph (a), may serve on the tenant notice to quit terminating the lease to be effective on the day on which the requested assignment was to be effective.
Provisions in lease
13(5)Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice within seven days of service of such notice, the landlord is deemed to have given his consent to the tenant’s request.
Provisions in lease
13(6)Where a tenant seeks consent of a landlord under subsection (4), paragraph (4)(d) does not apply,
(a) where the tenant is seeking consent solely for the purpose of entering into a mortgage of the premises; or
(b) where the tenant wishes to assign his rights under the lease for a portion only of the remaining term of the lease.
Transfer of estate by landlord
13(7)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion
(a) the transferee assumes all of the obligations with respect to the tenancy; and
(b) no action lies against the transferor for any obligation with respect to the tenancy;
arising after notification of the transfer takes place in accordance with subsection (8).
Transfer of estate by landlord
13(8)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion he shall notify the rentalsman and the tenant of such transfer in the form prescribed by regulation within seven days after such transfer.
Transfer of estate by landlord
13(9)Where pursuant to subsection (7) a transferee assumes the obligations with respect to a tenancy, he is a landlord for all purposes of this Act.
Transfer of estate by landlord
13(9.1)Subsections (7), (8) and (9) do not apply where the landlord transfers an estate in the property to a mortgagee solely for the purpose of mortgaging the real property of which the premises form all or a portion.
Repealed
13(10)Repealed: 1983, c.82, s.9
Prior agreement for a term of years
13(11)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.9; 1987, c.52, s.3