Lease Assignment
Medium RiskThe transfer of a tenant's entire interest in a lease to a new tenant, who takes over all rights and obligations, generally releasing the original tenant from future liability.
In Plain English
Assigning your lease means handing it off completely to someone else. Unlike subletting — where you stay on the hook — a proper assignment gets you out for good: the new tenant steps into your shoes and you're released from future obligations. In most provinces the landlord's consent is needed but can't be unreasonably refused, and in Quebec (cession de bail) the landlord has only a short window to object for a serious reason.
Why It Matters for Tenants
Assignment is usually the cleanest way to leave a fixed-term lease early without owing the rest of the rent. Knowing the landlord can't unreasonably refuse — and the difference from subletting — can save you months of rent.
Risk Level
Medium risk because the value depends on doing it correctly: an informal 'assignment' that isn't approved, or is actually a sublet, can leave you still liable. Get the landlord's consent and the release in writing.
Example Clause
The Tenant may assign this Lease with the consent of the Landlord, such consent not to be unreasonably withheld. Upon a valid assignment, the assigning Tenant shall be released from obligations arising after the effective date of the assignment.
This is a representative example for educational purposes. Actual lease language varies.
Common Mistakes Tenants Make
- Confusing assignment (you're released) with subletting (you stay liable)
- Assuming a landlord can refuse an assignment for any reason — usually they can't
- Not getting the landlord's consent and your release in writing
Provincial and State Variations
In Ontario, a landlord can't arbitrarily refuse an assignment; if they refuse unreasonably or don't respond within seven days, the tenant may give 30 days' notice to end. Quebec's cession de bail requires notifying the landlord, who has 15 days to refuse for a serious reason (silence means consent). BC and Alberta also require consent that generally can't be unreasonably withheld.