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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

Why This Is the Correct Answer

Section 95(4)(b) and s. 96 let the tenant give notice of termination within 30 days of the request when the landlord doesn't respond within seven days.

Why the Other Options Are Wrong

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Key Terms

assignmentsection 95(4)landlord consenttenant termination
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