canada rental-property british-columbia legal-terms
Difference between subletting, assigning and subleasing?
<p>When a person signs something agreeing to rent a space for a given amount of time, what's the difference between the person subletting, assigning and subleasing the space? One particular thing I'm unclear on is if a person assigns their unit to a new tenant, does that mean the original tenant is completely off the hook with the landlord? If a tenant who has signed a year long lease wants to move out early and be rid of as much responsibility as possible, which option is best for them?</p>

<p>I'm interested in getting a general sense, but if I must specify I'm looking at residential in BC  Canada. </p>

<p>As per the <a href="http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/sublet-and-assignment" rel="nofollow">province's website</a></p>

<blockquote>
  <p><strong>Sublet</strong></p>
  
  <p>When the original tenant allows someone (the sub-tenant) to live in
  their rental unit and pay the rent for all or part of the term of the
  tenancy agreement.</p>
  
  <p>In this situation, a new tenancy agreement (a sublease), must be
  signed by both the original tenant and the sub-tenant. The original
  tenant then becomes the sub-tenant’s landlord – both this relationship
  and the one with the original landlord involve enforceable rights and
  responsibilities. The sub-tenant only has the same rights and
  obligations outlined in the original tenancy agreement – the agreement
  with the sub-tenant cannot contradict the original tenancy agreement.</p>
  
  <p><strong>Assignment</strong></p>
  
  <p>When the original tenant finds someone to take over the tenancy
  agreement – usually to get out of a fixed-term tenancy early or when
  transferring ownership of a manufactured home. In these cases, the new
  tenant assumes all of the rights and responsibilities under the
  original tenancy agreement – unless the landlord and new tenant agree
  to new terms or a sign a new agreement.</p>
</blockquote>

<p>TL;DR sublet is where original tenant continues to pay the landlord, but the person who now lives in the dwelling pays the original tenant. Original tenant is still responsible to the landlord in subletting. Assigning is where original tenant is completely excused, and the person replacing him takes over all responsibilities and deals directly with the landlord.</p>

<p>I think in BC subleasing is considered the same as subletting. </p>
