Subletting and Assigning a Rental Unit in Ontario
A tenant who has to leave before the lease ends, or who is away for a while, can sometimes pass the unit on to someone else. In Ontario that means a sublet or an assignment, and both generally need the landlord's consent.
- In an assignment, the tenant transfers the whole remaining lease to someone else. In a sublet, the tenant leaves for a time and intends to come back.
- A landlord cannot unreasonably refuse consent, and cannot charge a fee for it other than reasonable out-of-pocket costs.
- Ask in writing and keep a copy. If the landlord refuses or does not respond, there are steps through the LTB.
- Do not hand over the unit informally. A person who moves in without consent is a risk to everyone involved.
Sublet or assignment
- Assignment: you transfer your entire interest in the unit for the rest of the term to the new person. You are generally no longer the tenant.
- Sublet: you rent the unit to someone for part of your term and keep the right to return. You remain the tenant, and you stay responsible to the landlord.
- Either way, the incoming person must be someone the landlord can reasonably accept.
Making the request
- Write to the landlord asking for consent, and name the person and the dates.
- Offer information the landlord might reasonably want, such as references, so that refusing looks harder to justify.
- Keep a copy and proof of delivery.
- Wait for the landlord's reply. The Act sets short time limits for the landlord to respond.
When a landlord can and cannot refuse
- A landlord can refuse for a real, reasonable reason, such as serious concerns about the person's references or ability to pay.
- A landlord cannot refuse on grounds that breach the Human Rights Code, such as family status, race or the person receiving social assistance.
- A landlord cannot demand a fee for consenting, apart from reasonable out-of-pocket expenses.
- A landlord cannot use the request as a reason to raise rent or end the tenancy.
If the landlord says no, or says nothing
A tenant can apply to the LTB (the A2 application) for an order allowing the sublet or the assignment. A tenant who is refused consent to a sublet can also end the tenancy with notice. Because the right route depends on which one you asked for, check the current rules before filing.
Practical protections
- Use a written sublet or assignment agreement that sets out rent, who pays utilities, the dates and what happens to the deposit.
- Remember that a sublet leaves you responsible for what the subtenant does.
- Do not advertise the unit for short-term stays unless your lease and local rules allow it.
Common questions
Can I sublet to a friend without telling my landlord?
You risk breaching the lease and the Act. If the landlord finds out, they could serve notice and apply to end the tenancy. Ask first, in writing.
Does the landlord have to say yes if the person is a good tenant?
A landlord cannot unreasonably refuse, but they are entitled to reasonable information. Good references make an unreasonable refusal easier to challenge.
Who can help. Licensed paralegals can represent landlords and tenants at the Landlord and Tenant Board (LTB).
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
Book a Free Consultation
PIPEDA-compliant