How to Take Over a Lease
All leases for Queen’s owned rental units are for rented on fixed terms with defined end dates. Occasionally, there may be situations where a student who is in a current lease needs or wants to leave Kingston or the rental unit (e.g. for work study, graduation, etc.).
Under the RTA, the University is exempt from the clause(s) that require a landlord to permit a sub-tenancy or assignment, however in exceptional cases with written permission from the Associate Director of Community Housing or designate a tenant may be permitted to sublet or assign the rental unit. Potential sub-tenants/assignees must meet the eligibility criteria (i.e. must be a Queen’s student).
Permission to assign or sub-let the unit must be granted by Community Housing BEFORE anyone other than the current tenant occupies the unit. Tenant(s) should not advertise/guarantee “option to renew” for their unit.
|Responsibility for lease||The assignee is taking on all the responsibilities of the head lease for the remainder of that lease period||The sub-tenant is renting from the tenant and the tenant remains responsible to the landlord for the unit and the sub-tenant|
|Eligibility||the assignee must qualify for a head lease (be a registered Queen’s student in good standing)||the sub-tenant must be a registered Queen’s student in good standing.|
|Rent||the full rent for the unit is being paid by the assignee(s) to Community Housing||the tenant decides on the amount of rent the sub-tenant is to pay (cannot be more than the lawful rent for the unit) which the sub-tenant pays to the tenant. The tenant continues to pay Community Housing directly for the full rent|
|Signing a lease in next period||Assignees who started their tenancy by March 1 will be afforded the same opportunity to sign a new lease (based on eligibility, behaviour, rent history, etc.) as other tenants. Assignees who start their tenancy after March 1 will be considered for a new lease on a case-by-case basis (not automatic).In all cases, rent for units where an assignment is done will be moved to market rent in the lease period immediately following the assignment (e.g. if an assignee in period Sept 2011 to Aug 2012 and offered new lease, rent will be moved to market rent for Sept 2012 lease).||Sub-tenants do not have renewal rights to the unit for the following rental period. Sub-tenants who wish to be considered for a rental unit of their own in the next lease period must apply (applications open February 1 each year). If a sub-tenant is allocated a rental unit for the new lease period, they will be required to vacate their unit per their Sublease Agreement and will not be able to take possession of the new unit until 3pm September 1 per the terms of the Lease Agreement.In all cases, rent for units where a sublet is done will be moved to market rent in the lease period immediately following the sublease (e.g. if sublet in period Sept 2011 to Aug 2012 and the subtenants are offered new lease, rent will be moved to market rent for Sept 2012 lease).|
|End of lease||The normal end date of the original head lease applies||The sub-tenancy typically ends at least one day before the end of the head lease|
1. Tenant(s) submits a Request to assign or sublet their unit. An application form from potential sub-tenant/assignee may be submitted at this time as well.
2. Upon receipt of the request, an inspection of the unit will usually be scheduled (usually 3-5 business days after receipt of the request) to review the unit for cleanliness and any damages. If the unit passes the inspection and the rent account is up-to-date, the request will be approved and the tenant notified by email. If the unit fails inspection, the tenant will receive further correspondence on what must be addressed. Once addressed, the tenant may request another inspection. There will be a charge of $25 for this follow-up inspection and for each additional inspection that is required in regard to the assignment/sublet request.
3. Eligibility of the prospective sub-tenant/assignee will be reviewed and approved as noted above.
4. Paperwork (the sublease or assignment agreement) will be produced and a meeting scheduled with the parties to complete the paperwork (usually 3-5 business days after approval is granted).
Thus, the process normally takes 6-10 business days from submission of a request, where the tenant and applicant fulfill the noted requirements. This can be delayed at peek times of year (August/September, January, April/May).
Tenants/sub-tenants/assignees currently residing in a Community Housing unit will not be approved as applicants for sub-tenancy or assignment for the same lease period in another Community Housing unit. For example, a tenant with a signed lease from September 1, 2014 to August 31, 2015 in An Clachan will not be permitted to sign a sub-lease or assignment elsewhere in a Community Housing property for the same lease period.
Applicants who are approved for sublet/assignment understand that any cleaning requirements for the unit they hope to sublet/assign is between them and the Tenant they will be renting from. To be clear, Community Housing does NOT clean the unit before a subtenant of assignee moves in.