Subletting in Ontario: A Complete Guide for Tenants and Landlords

Subletting can be a practical solution when tenants need to temporarily leave their rental unit but want to maintain their lease. Whether you’re a tenant considering subletting your apartment or a landlord navigating sublease requests, understanding Ontario’s specific rules under the Residential Tenancies Act (RTA) is essential. This comprehensive guide breaks down everything you need to know about subletting in Ontario.

What Is Subletting in Ontario?

Subletting occurs when a tenant temporarily transfers their entire rental unit to another person—called the subtenant—for a set period, with the intention of returning to the unit. Unlike an assignment where the original tenant permanently leaves and ends their tenancy, a sublet is temporary and the original tenant remains responsible under their lease agreement.

Under Ontario law, the key characteristics of a sublet include:

• Temporary arrangement – The sublet must be for a shorter period than the rental term (for example, if you’re a month-to-month tenant, the sublet must end at least one day before the end of a month)
• Original tenant vacates – The tenant must leave the unit during the sublet period; if they stay, the other person is simply a roommate or occupant
• Ongoing responsibility – The original lease between tenant and landlord continues to apply, and the tenant remains liable for rent and any damages
• Written consent required – Landlords must provide written permission for any sublet

Subletting vs. Assignment: Understanding the Difference

Many tenants confuse subletting with assignment, but these are distinct legal arrangements with different implications:

Subletting:

• Tenant intends to return to the unit
• Original lease remains in effect
• Tenant stays responsible for rent and damages
• Landlord cannot arbitrarily refuse (must have reasonable grounds to reject a specific subtenant)
• Subtenant pays rent to the tenant (or directly to landlord, but tenant remains liable)

Assignment:

• Tenant permanently transfers the lease
• Original lease ends and new lease begins with the assignee
• Original tenant’s obligations end when assignment begins
• Landlord can refuse assignment without providing a reason, but tenant may then end their tenancy with 30 days’ notice

Landlords often prefer assignments only if they can increase rent when signing a new lease, while tenants may prefer subletting if they plan to return.

Ontario’s Legal Framework for Subletting

Ontario’s Residential Tenancies Act establishes clear rules that protect both tenants’ rights to sublet and landlords’ interests in maintaining property standards.

Key Legal Requirements

Mandatory Landlord Consent Tenants have a legal right to request to sublet, but they must obtain written permission from their landlord. The RTA prohibits landlords from arbitrarily or unreasonably withholding consent. This requirement is part of Ontario’s standard lease and cannot be changed by the parties.

Reasonable Refusal Standards While landlords cannot refuse the concept of subletting, they may refuse a particular subtenant for valid reasons such as:

• History of property damage at previous residences
• Unpaid rent or poor rental history
• Poor credit standing
• Insufficient income to afford the rent
• Discriminatory grounds are never acceptable reasons

Restrictions on Who Can Sublet Not all tenants can sublet their units. Those living in the following types of housing cannot assign or sublet:

• Subsidized or rent-geared-to-income (RGI) housing
• Superintendent’s units
• School-provided housing

Attempting to sublet these units may result in eviction proceedings.

Rent and Fee Limitations Important financial rules govern subletting in Ontario:

• Tenants cannot charge subtenants more than the lawful rent they pay, unless additional utilities are included
• Section 134(3) of the RTA forbids collecting more than lawful rent
• Landlords can charge reasonable out-of-pocket expenses for credit checks or advertising, but cannot profit from these fees
• The actual costs must be documented

Ongoing Tenant Liability Even with a subtenant in place, the original tenant remains fully responsible for:

• Paying rent on time (even if the subtenant fails to pay)
• Any damage to the property
• Ensuring the subtenant complies with all lease terms
• Evicting the subtenant if they breach the sublease agreement

How to Sublet Your Rental Property in Ontario: Step-by-Step

If you’re a tenant who needs to temporarily leave your rental unit, follow these steps to properly sublet in Ontario:

1. Review Your Lease Agreement

Start by carefully reading your current lease agreement. Look for any clauses about subletting, assignment, or bringing in additional occupants. Most standard Ontario leases include a requirement for landlord consent. Understanding what your lease says will help you know what approvals you need.

2. Request Landlord Permission

Even if your lease allows subletting, you must get written consent from your landlord. Send a formal written request that includes:

• Your full name and rental address
• Dates you wish to sublet (start and end dates)
• Reason for subletting (work relocation, extended travel, etc.)
• Proposed subtenant’s information (if you’ve already found someone)

Keep a copy of your request with the date sent. This documentation can be crucial if disputes arise. Landlords should respond within seven days, and failure to respond may allow you to terminate your tenancy.

3. Find a Reliable Subtenant

Finding the right subtenant is critical since you’ll remain liable for their actions. Consider:

• Advertising on platforms like Kijiji, Facebook Marketplace, or Craigslist or through a property management software that does that for you.
• Asking friends, family, or colleagues for referrals
• Posting on university or workplace bulletin boards
• Using subletting-specific websites

When screening potential subtenants:

• Conduct interviews and check references
• Verify employment and income
• Review rental history
• Consider running a credit check (you can charge a reasonable fee for this)

4. Determine the Rental Rate

You must charge your subtenant no more than your own lawful rent, unless you’re including additional utilities or services that you pay for. Calculate what you can legally charge by:

• Reviewing your current rent amount
• Identifying which utilities you pay that aren’t included in rent
• Adding only those additional costs
• Documenting the breakdown clearly

Charging excessive rent can result in penalties and give the landlord grounds to terminate your tenancy.

5. Create a Written Sublease Agreement

Once you’ve found an acceptable subtenant and received landlord approval, draft a comprehensive sublease agreement that includes:

• Names of all parties (you, subtenant, and landlord)
• Property address
• Sublease start and end dates
• Monthly rent amount and due date
• Security deposit arrangements (if permitted)
• Utility responsibilities
• Rules about maintenance and repairs
• Conditions for early termination
• Any additional terms from the original lease

Remember that the sublease cannot contradict the original lease terms or the RTA. The sublease must be shorter than your rental period—it cannot become month-to-month.

6. Obtain All Required Signatures

Have all parties sign the sublease agreement:

• You (the original tenant/sublessor)
• The subtenant (sublessee)
• The landlord (to acknowledge consent)

Provide copies to everyone involved and keep the original in a safe place.

7. Prepare for the Transition

Before your subtenant moves in:

• Conduct a move-in inspection with photos
• Provide them with copies of all relevant documents
• Explain building rules and emergency procedures
• Set up a communication plan for rent collection and maintenance issues
• Provide landlord contact information
• Keep communication lines open throughout the sublet period

Important Considerations for Landlords

If you’re a landlord receiving subletting requests, here’s what you need to know:

Responding to Requests

You must respond to subletting requests within a reasonable time. The RTA suggests seven days as appropriate. Failing to respond may allow the tenant to:

• Proceed with the sublet
• End their tenancy without penalty using Form N9

Screening Subtenants

You have the right to screen proposed subtenants using the same criteria you’d use for any tenant:

• Credit checks
• Reference verification
• Income verification
• Rental history review

However, you cannot discriminate based on protected grounds under the Ontario Human Rights Code (race, religion, family status, etc.).

Setting Appropriate Fees

You may only charge fees that reflect your actual out-of-pocket costs:

• Credit check fees (actual cost)
• Administrative costs for processing applications
• Any advertising expenses if applicable

You cannot charge a “subletting approval fee” or profit from the transaction.

Dealing with Unauthorized Sublets

If you discover a tenant has sublet without your permission:

• You have 60 days from learning about the unauthorized sublet to apply to the Landlord and Tenant Board (LTB) for termination
• If you don’t act within 60 days, the law assumes you accepted the new occupant
• The sublet is not valid, and you can apply to evict the subtenant

Common Subletting Scenarios and Solutions

Scenario 1: Student Going Home for Summer

A university student wants to sublet their apartment from May to August while returning home. They should:

• Request landlord permission in writing by early April
• Advertise to other students or through university housing services
• Ensure the sublease ends before the fall semester begins
• Charge only their regular rent amount

Scenario 2: Work Relocation

A tenant receives a six-month work assignment in another city. They should:

• Explain the temporary nature to their landlord
• Provide documentation of the work assignment
• Find a subtenant with stable employment
• Maintain communication with both landlord and subtenant
• Plan to return before the original lease ends

Scenario 3: Extended Travel

A tenant plans a three-month trip abroad. They should:

• Give adequate notice to their landlord (at least 30 days before seeking a subtenant)
• Consider subletting to someone they know and trust
• Set up automated rent payment from the subtenant
• Ensure someone local can handle emergencies

Your Rights and Remedies

For Tenants

If your landlord unreasonably refuses to allow subletting or rejects a suitable subtenant, you can:

• Apply to the Landlord and Tenant Board for a determination
• Request that the LTB order the landlord to consent
• Seek compensation for losses if the refusal was unreasonable

If your landlord refuses to consent to an assignment or doesn’t respond within seven days, you may:

• End your tenancy by giving 30 days’ written notice using Form N9
• Leave without penalty

For Landlords

If a tenant violates subletting rules by:

• Subletting without consent
• Charging more than lawful rent
• Allowing the subtenancy to become month-to-month

You can:

• Apply to the LTB within 60 days for an order terminating the tenancy
• Seek compensation for damages
• Require the tenant to end the unauthorized sublet

Recent Updates and Trends (2024-2025)

Ontario’s subletting framework remains stable, with the most recent updates focusing on enforcement rather than rule changes:

Updated Standard Lease (October 2025) The revised standard lease guide reiterates that tenants must obtain landlord permission to sublet and emphasizes that landlords cannot arbitrarily withhold consent.

Bill 60 (Fighting Delays, Building Faster Act 2025) Enacted in November 2025, Bill 60 primarily streamlines eviction timelines and LTB hearing processes. Importantly, it does not modify subletting rights or procedures—all existing rules about landlord consent and tenant responsibilities remain unchanged.

Increased Enforcement Recent property management advisories emphasize documenting all subletting arrangements and warn landlords that sub-renting without consent allows for LTB applications within 60 days of discovery.

Best Practices for Successful Subletting

For Tenants:

• Always get written consent before advertising for a subtenant
• Screen potential subtenants thoroughly
• Create detailed written agreements
• Stay in communication with your landlord
• Keep records of all rent payments from your subtenant
• Return as planned or notify all parties if circumstances change

For Landlords:

• Include clear subletting clauses in your lease agreements
• Respond promptly to subletting requests
• Apply consistent screening criteria
• Document all approvals in writing
• Maintain the same level of service to subtenants
• Act quickly if you discover unauthorized subletting

Conclusion

Subletting in Ontario provides valuable flexibility for tenants who need to temporarily vacate their rental units while maintaining their lease. The Residential Tenancies Act balances tenant rights with landlord interests by requiring written consent while prohibiting arbitrary refusals.

Whether you’re a tenant planning to sublet or a landlord evaluating a subletting request, understanding your rights and responsibilities is essential. Always use written agreements, maintain open communication, and document all arrangements. When uncertainties arise, the Landlord and Tenant Board offers dispute resolution services to both parties.

By following Ontario’s subletting rules and adopting best practices, tenants can successfully sublet their units while landlords can protect their property interests and maintain positive relationships with their tenants. Remember that proper documentation and clear communication are the foundations of successful subletting arrangements in Ontario’s rental market.