Tenant Sublet Without Your Permission in Alberta

No. Section 22(1) of the Residential Tenancies Act says no assignment or sublease of a residential tenancy agreement by a tenant is valid without the landlord's written consent. In plain terms, a tenant cannot pass the rental to someone else, or bring in a subtenant, on their own say-so.

The rule has limits that protect tenants, and you should know them before you act. You may not refuse consent unless you have reasonable grounds (s.22(2)). If you do not respond to a written request within 14 days after you receive it, the Act treats you as having consented (s.22(4)). You also may not charge a fee or other consideration for giving consent (s.22(6)). The alberta.ca common problems page says the same about fees.

The sources reviewed for this guide do not show a prescribed consent form or a prescribed consent-request form. Put your answer to any request in writing, sign it, and keep a copy with the date you received the request. If a tenant says they asked and you never answered, that record is what you will rely on. See also can my tenant move someone in.

The Act defines who counts as a tenant. For a person who occupies under an assignment or sublease, the definition covers only one the landlord has consented to under section 22 (s.1(1)(t)(ii)). The conclusion that follows is a reading of that definition, not a sentence on any official page: a person who moved in under a sublease you did not consent to is not a tenant under the Act.

That matters because the Act gives you a separate route for people who are not tenants (section 36, covered below). It does not matter for deciding whether the original tenant has broken the agreement. The sources reviewed do not say that an unauthorised sublet is itself a substantial breach with a ground for termination, so this guide does not treat it as one. If you also want to end the original tenancy, read the Alberta guide to ending a tenancy and the section on substantial breach before you serve anything.

1. Check the facts. Find out who is living there, since when, and whether the tenant ever asked for consent in writing. If a request is on file and 14 days have passed with no answer from you, consent may already be deemed.
2. Be careful with rent. The Alberta Residential Tenancies Act Handbook warns that if you accept rent from an unauthorised occupant, that occupant may then be seen as a tenant. Keep taking rent from the named tenant only, and do not write to the occupant as if they were a tenant.
3. Serve a written notice to vacate. Form 5 is titled "Landlord's Notice to Vacate to Person(s) who are Not Tenants". Regulation section 12 says the forms in the Schedule may be used, so use is permitted but not mandatory. The notice under section 36 must be in writing, signed by you or your agent, and set out the time and date.
4. Give enough time. The Act says at least 14 days to vacate from the day the notice is served. The Handbook describes this as "14 clear days notice (16 total days)". The clear-day counting comes from the Handbook, not from the words of the Act.
5. If the occupant does not leave, apply. Section 36 sends you to a court with an affidavit. The RTDRS apply page also lists an order for a non-tenant occupant to vacate among the orders a landlord can ask for.

Serving the notice does not let you remove anyone yourself. A civil enforcement agency may evict only under a court order (sections 34 and 34.1; for an occupant under section 36, the order to vacate under section 36(4)). Do not change the locks, take belongings or cut utilities to push the occupant out. The Handbook says locks cannot be changed until the tenant is physically evicted, and the Alberta guide to changing locks explains the key rules.

An RTDRS order for possession is enforced through civil enforcement, and the RTDRS hearings and orders page says orders are valid for 10 years. How long a hearing or an order takes is not stated in the sources reviewed, so do not promise a date to anyone.

If you did consent, the tenant does not walk away from the agreement. The Handbook says the tenant remains responsible for the actions of the sublease person, and that the original tenant is still responsible to the landlord if the new tenant does not fulfill the obligations of the contract.

The sources reviewed do not state what the Act says about the subtenant's own liability to you, and they do not describe how a security deposit or rent is treated in an unauthorised sublet. Do not assume either way. For deposits in general, see the Alberta security deposit guide, and ask the RTDRS or Service Alberta and Red Tape Reduction about your particular facts.

Sometimes the named tenant has moved out and another person remains. The Act has a separate route when a tenant has abandoned the premises: you give at least 48 hours to vacate (s.33(2)), and a court order terminates an abandoned tenant's tenancy (s.33(4)). The alberta.ca common problems page also mentions at least 48 hours notice if the tenant has moved out. Form 5 is used under both section 33 and section 36.

Deciding whether premises are really abandoned is a question of facts, so keep notes of what you saw and when. If you are unsure which section fits, ask the RTDRS before serving. A wrong notice can cost you time.

The Residential Tenancy Dispute Resolution Service handles claims up to $100,000, filed within 2 years of discovering the claim. The filing fee is $75 for claims of $7,500 or less and $150 for claims over $7,500, according to the RTDRS apply page. A landlord can apply for termination and unpaid rent, or for damages, and can also ask for an order for a non-tenant occupant to vacate. Fees and limits can change, so check the page for current figures.

Alberta's fee, deadline and hearing rules are set by the service, not by this guide. For general background on timing, see how long an eviction takes.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.