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Residential TradingLease AgreementsONMEDIUM

On March 3 a tenant asks the landlord in writing for consent to assign the rental unit, without naming a potential assignee. The landlord never responds. What may the tenant do?

Correct Answer

B) Give notice to end the tenancy within 30 days of asking

Under s. 95(4)(b), if a tenant asks the landlord to consent to an assignment and the landlord does not respond within seven days, the tenant may give a notice of termination within 30 days after the request. Under s. 96(2) the notice period is the lesser of the normal period and 30 days.

Answer Options
A
Assign the unit anyway, because seven days of silence counts as the landlord's consent
B
Give notice to end the tenancy within 30 days of asking
C
Sublet the unit without consent, since the landlord has lost the right to object
D
Nothing until the Landlord and Tenant Board orders the landlord to answer the request

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Key Terms

assignmentsection 95(4)landlord consenttenant termination
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