Subletting in Ontario Guide: Know the Sublet laws in Ontario

Subletting in Ontario is legal, but it comes with specific rules and responsibilities that both tenants and landlords need to understand. Under Ontario’s Residential Tenancies Act (RTA), tenants are allowed to sublet their rental unit, provided they obtain the landlord’s written consent. While the landlord cannot unreasonably refuse this request, they do retain the right to approve or deny a proposed subtenant.

For renters looking to temporarily vacate their unit, whether for travel, work relocation, or school breaks, subletting offers a legal and flexible way to maintain their lease while offsetting costs. However, following the correct procedures is important to ensure the arrangement is valid and compliant with Ontario law.

What are sublet laws in Ontario?

Sublet laws in Ontario are primarily governed by the Residential Tenancies Act (RTA), which outlines the rights and obligations of both tenants and landlords regarding subletting. According to the Act, tenants have the legal right to sublet their unit, but they must first get the landlord’s written permission. Importantly, landlords are not allowed to charge any fees for giving this consent, nor can they unreasonably deny a sublet request.

When subletting in Ontario, the original tenant remains responsible for the rental unit and must ensure that the subtenant follows all the terms of the existing lease. This means if the subtenant causes damage or fails to pay rent, the original tenant is still liable. Additionally, tenants cannot sublet the unit at a rate higher than what they’re currently paying unless utilities or other costs are included. Understanding these sublet rules in Ontario is essential to avoid disputes or legal issues. It’s also wise to document all agreements and communications in writing for added protection.

Understanding sublet agreements in Ontario

A sublet agreement in Ontario is a formal contract between the original tenant and a new occupant, known as the subtenant, who temporarily takes over the rental unit. This agreement outlines the terms and conditions under which the subtenant will reside in the unit, including the rental amount, lease duration, and responsibilities.

It’s crucial to note that subletting does not end the original lease. The tenant who signed the initial rental agreement remains legally bound to the landlord. Therefore, a subletting contract in Ontario must clearly define the obligations of both the tenant and subtenant to ensure accountability.

Whether you’re subletting for a few months or the remainder of a lease, using a written agreement protects both parties and ensures the arrangement complies with Ontario sublet lease agreement laws. A solid sublet contract helps avoid misunderstandings and reinforces each party’s rights and duties under Ontario’s rental regulations.

Overview of the legal status of sublet contract in Ontario

In Ontario, a sublet contract is legally valid as long as it meets the requirements set out by the Residential Tenancies Act (RTA). A properly executed sublet agreement ensures that the subtenant has the right to occupy the unit for a specific period while the original tenant remains ultimately responsible to the landlord.

To be considered legally binding, a sublet agreement must include the landlord’s written consent and adhere to the original lease terms, meaning no changes to the rent amount, responsibilities, or lease conditions without approval. It must also not be used to circumvent tenant protections or to charge more than the lawful rent.

This makes it essential for tenants to use a clear and comprehensive subletting contract in Ontario, complete with all necessary details. A legally compliant sublet agreement provides security for all parties and helps avoid legal issues down the line, particularly if disputes arise over rent, property condition, or subtenant conduct.

Key considerations before subletting in Ontario

Before entering into a subletting arrangement in Ontario, it’s essential to understand the legal, financial, and practical aspects of the process. Subletting involves more than just finding someone to take over your space, it also means maintaining responsibility for the unit and following specific sublet rules in Ontario.

Tenant and landlord rights

In Ontario, both tenants and landlords retain specific rights and responsibilities throughout the subletting process. While subletting is legal, the tenant remains fully accountable under the original lease, even after a subtenant moves in. This includes ensuring the subtenant complies with all rules and pays rent on time. If the subtenant fails to uphold the lease, the original tenant can still be held responsible.

On the other hand, landlords do not lose their rights during a sublet. Although they cannot unreasonably deny a request to sublet, they do have the authority to approve the specific subtenant proposed.

Key points to remember:

• Tenants remain responsible for the condition of the unit, rent payments, and any lease violations by the subtenant.
• Landlords retain the right to approve or deny the chosen subtenant, provided their reasoning isn’t discriminatory or arbitrary.
• Tenants must continue managing the lease, including renewing or ending it as agreed upon.

Landlord consent requirements

A sublet agreement without written landlord consent is not legally enforceable in Ontario. Even if both the tenant and subtenant agree on all terms, failure to obtain written approval from the landlord can invalidate the entire arrangement. This not only puts the tenant at risk of violating the lease, but it can also leave the subtenant without legal recourse if problems arise.

According to Ontario’s Residential Tenancies Act, landlords:

• Cannot unreasonably withhold consent to a sublet request.
• Must provide written approval before the sublet begins.
• Are not allowed to charge a fee for giving this consent.

Tips for tenants seeking consent:

• Send a formal request in writing that includes:
  • The full name of the proposed subtenant.
  • The sublet start and end dates.
  • Any supporting documents, such as references or background information.
• Keep a record of all emails and signed forms.
• Follow up with the landlord if you do not receive a timely response.

Rental rates and lease terms

In Ontario, the rules for subletting go beyond just who lives in the unit they also apply to how much rent is charged and what lease terms must be followed. One of the most important sublet rules in Ontario is that tenants cannot charge a subtenant more rent than they themselves are paying to the landlord unless specific additional costs (like utilities or internet) are included and agreed upon.

All other lease terms must remain the same. This includes things like:

• Pet policies
• No-smoking clauses
• Noise restrictions
• Parking arrangements

What tenants need to know:

• Charging above the legal rent could be seen as rent gouging and may result in legal action.
• Subtenants have the right to know and follow the original lease terms.
• Tenants should provide subtenants with a copy of the lease to avoid confusion.

Maintaining consistent rental rates and terms ensures the subletting contract aligns with the Ontario sublet lease agreement and reduces the risk of disputes.

Potential restrictions

While the Residential Tenancies Act allows subletting in most rental units across Ontario, there are exceptions and added layers of restrictions that can apply depending on the type of housing or region. Certain living situations such as co-operative housing or student residences, may have internal rules that prohibit or tightly regulate sublets. Many condos have bylaws or board regulations that can override lease terms, especially if the building has strict occupancy limits or security policies.

Common restrictions tenants may encounter:

• Co-op housing may require board approval for any subletting arrangement.
• University or college residences typically do not permit subletting at all.
• Condominium units may be subject to separate rules imposed by the condo board.
• Sublets for short-term stays, such as Airbnb-style arrangements, may be strictly prohibited.

To avoid breaking the rules or facing penalties, tenants should:

• Review their lease and building policies thoroughly.
• Ask their landlord or property manager for clarification if anything is unclear.
• Consult legal resources or tenant advocacy groups if special restrictions apply.

Basic subletting agreement or sublease contract in Ontario

A subletting agreement, also referred to as a sublease contract, is a formal document used to outline the terms under which a subtenant occupies a rental unit temporarily. This legal agreement ensures that all parties involved, the original tenant, the subtenant, and the landlord, understand their roles, rights, and responsibilities under Ontario’s Residential Tenancies Act.

Creating a clear and complete subletting contract in Ontario is essential for protecting both the tenant and subtenant. It also ensures legal compliance and can prevent potential disputes. Below is a breakdown of what should be included in an Ontario sublet lease agreement.

Essential elements of a sublet agreement Ontario

Each subletting agreement should contain the following key components to be considered valid and enforceable:

Parties involved

The agreement must clearly identify everyone involved in the sublease:

• Original tenant (sublessor): The person who holds the lease with the landlord.
• Subtenant (sublessee): The person temporarily renting the unit.
• Landlord: While not a party to the sublet agreement, they must provide written consent and should be acknowledged in the document.

This section should include full legal names, current addresses, and contact information for all parties.

Description of the rental property

Include a complete description of the unit being sublet, such as:

• Full address of the property (unit number, street, city, postal code).
• Specific areas the subtenant has access to (e.g. shared laundry, parking).
• Condition of the unit at the time of sublet (optional but recommended for dispute prevention).

Term of the sublet

This section outlines the exact time frame of the sublease:

• Start and end dates of the sublet.
• Whether the agreement is renewable or strictly limited to the specified dates.
• Terms of early termination (by either party).

Rent payment terms

Clearly state how much rent the subtenant is responsible for paying and how it should be paid:

• Monthly rent amount (must match original lease unless utilities are added).
• Payment method (e.g. e-transfer, cheque).
• Payment schedule (due date each month).
• Late payment penalties (if any).

Security deposit (if applicable)

While Ontario law doesn’t allow landlords to charge security deposits, tenants subletting can request a refundable deposit to protect against potential damages:

• Amount of deposit.
• Conditions for refund (e.g. no damage, no unpaid rent).
• Timeline for return after sublet ends.

Landlord consent

Reaffirm that written landlord approval was obtained before the sublet began:

• Include the date of landlord consent.
• Attach a copy of the written approval as an appendix if possible.

Utilities

Specify who is responsible for which utilities during the sublet period:

• Electricity, water, gas, internet, etc.
• Whether these are included in the rent or paid separately.
• How utility bills are divided or reimbursed (if applicable).

Responsibilities for maintenance

Clearly outline which maintenance tasks are expected of the subtenant:

• Lawn care, snow removal (if applicable).
• Reporting damages or issues to the original tenant or landlord.
• Keeping the unit clean and undamaged.

Subtenant’s rights and obligations

List what the subtenant is allowed and not allowed to do in the unit:

• Right to peaceful enjoyment of the unit.
• Obligation to follow house rules and lease terms.
• Restrictions on guests, noise, smoking, etc.

Termination clauses

Establish conditions under which the sublet can be ended before the agreed date:

• Notice period required by each party (e.g. 30 days).
• Any financial penalties for early termination.
• What happens to the deposit or prepaid rent.

Sublease restrictions

Address any specific restrictions the original tenant or landlord wants to enforce:

• No further subletting of the unit.
• No commercial use of the space.
• Limits on how the unit can be altered or used.

Liability and indemnity

This clause protects the original tenant:

• The subtenant agrees to be liable for any damages or legal issues caused during their stay.
• The original tenant can seek reimbursement if the subtenant breaches the lease or causes harm.

Dispute resolution

Outline how disputes will be handled:

• Mediation or arbitration as first steps.
• Legal action if necessary.
• Which jurisdiction will apply (Ontario).

Signatures

The agreement must be signed by:

• The original tenant (sublessor).
• The subtenant (sublessee).
• Including printed names and dates of signature.

Date of signing

Indicate the date the agreement was signed and made effective.

Regional considerations in Ontario

While subletting in Ontario is governed by the province-wide Residential Tenancies Act, regional differences can impact how sublets are managed, enforced, or restricted. Factors like local vacancy rates, housing demand, and municipal bylaws can all influence the subletting experience, depending on where you live.

Whether you’re in a dense urban market like Toronto or a smaller city like Kingston, it’s important to understand how regional housing dynamics may affect your ability to sublet legally and effectively.

1. Subletting in Ontario

Across Ontario, tenants have the legal right to sublet their units, provided they follow proper procedures:

• Landlord consent must be obtained in writing.
• The subtenant must respect the terms of the original lease.
• Rent charged to the subtenant must not exceed the legal rent.

However, in tight rental markets like the GTA, landlords may be more cautious about approving sublets due to high demand and strict tenant screening practices. It’s also common for buildings to have their own rules or restrictions layered on top of provincial regulations.

2. Subletting in Toronto

Subletting in Toronto is both common and often necessary, given the city’s high rent prices and competitive housing market. Many tenants sublet when they travel, go on exchange, or leave the city for work, but it’s crucial to follow Toronto-specific considerations:

• High demand means stricter screening: Landlords in Toronto often request detailed information about subtenants, including credit checks, references, and employment verification.
• Short-term sublets are heavily regulated: Toronto has specific bylaws against short-term rentals (e.g. Airbnb) in most multi-unit buildings, especially condos.
• Condo rules can override RTA rights: Many downtown Toronto condos prohibit subletting or require board approval on top of landlord consent.

If you’re subletting in Toronto, be sure to:

• Check with your property manager or condo board.
• Avoid advertising illegal short-term sublets.
• Use a formal sublet agreement tailored for Toronto rentals.

3. Subletting in Ottawa

Subletting in Ottawa tends to be more seasonal, especially in neighbourhoods with high student populations like Sandy Hill or Centretown. Here, subletting is often used during the summer months when students return home or go abroad.

Things to keep in mind:

• Student rentals may have specific policies: Many landlords who rent to students include clauses restricting or prohibiting subletting.
• Government employee housing: Ottawa also has a high proportion of public sector workers; tenants in government-leased units should check for any federal housing restrictions.
• Municipal laws: While not as strict as Toronto’s, Ottawa does have zoning bylaws that can limit short-term sublets.

For longer-term sublets in Ottawa, tenants are generally encouraged to follow provincial subletting rules and ensure all agreements are properly documented.

4. Subletting in other regions

In smaller cities and towns across Ontario, like Hamilton, Kingston, or Thunder Bay, subletting may be less regulated, but that doesn’t mean tenants should skip the formalities.

Key differences to note:

• Landlords may be less familiar with sublet rules: Always be ready to explain your legal right to sublet and provide a sample agreement.
• Less competition may make it harder to find subtenants: Particularly in low-demand areas, finding a qualified subtenant can take more time.
• Local bylaws can still apply: Some municipalities may have short-term rental bans or licensing requirements that impact subletting.

Regardless of location, tenants across Ontario should use an official sublet agreement form and maintain communication with both the subtenant and landlord throughout the process.

Ontario sublet agreement form templates

When subletting in Ontario, having a properly structured agreement is one of the most important steps you can take to protect yourself legally. A detailed, written contract ensures that both the original tenant and the subtenant are aware of their responsibilities, and it provides legal documentation in case of disputes.

Luckily, tenants in Ontario can access several downloadable and customizable sublet agreement form templates. These forms are tailored to meet the requirements of the Residential Tenancies Act and are ideal for both short-term and long-term sublets.

Where to find reliable sublet agreement form Ontario templates:

• Ontario Residential Tenancies Board Form A2
  While the RTB does not provide a specific sublet form, tenants and landlords can use the A2 form to contact the RTA about subletting-related matters.
• Ontario Tech University Template
  A helpful resource for tenants seeking to generate a sublet agreement.

Some Ontario subletting tips

Whether you’re subletting for a semester abroad, a work assignment, or just a few months away, following best practices is essential for a smooth and legal subletting experience in Ontario. Even though the process is legal under the Residential Tenancies Act, tenants can still run into trouble if they don’t take the right steps.

Here are some practical subletting tips to help ensure everything goes according to plan:

1. Always get landlord consent in writing

Verbal agreements won’t protect you if issues arise. Even if your landlord seems casual about the arrangement, always ask for written permission.

• Include the name of the subtenant and the duration of the sublet.
• Save email confirmations or signed letters as part of your records.

2. Use a proper sublet agreement form

A detailed sublet contract prevents confusion and provides legal protection.

• Include rent amount, payment terms, and subtenant responsibilities.
• Attach copies of the original lease and landlord approval.

3. Screen your subtenant carefully

Since you remain legally responsible during the sublet, it’s in your best interest to choose someone reliable.

• Ask for references, proof of income, and ID.
• Conduct an informal interview or background check if necessary.

4. Document the condition of the unit

Do a walkthrough before the subtenant moves in and again when they leave.

• Take timestamped photos or videos of the space.
• Make a checklist of existing damage or wear.

5. Be transparent about lease terms

Subtenants are bound by the original lease agreement, so make sure they understand what’s allowed.

• Clarify pet rules, noise restrictions, and guest policies.
• Give them a copy of the full lease so there are no surprises.

6. Stay in communication during the sublet

Even after handing over the keys, check in occasionally with the subtenant and landlord.

• Respond to issues quickly (especially maintenance or rent problems).
• Make sure the landlord has a way to contact you if needed.

Subtenant rights Ontario

Subtenants in Ontario are legally protected under the Residential Tenancies Act (RTA), the same legislation that governs tenant and landlord relationships across the province. Although subtenants do not deal directly with the landlord in most cases, they are still entitled to many rights that ensure safe, fair, and respectful living conditions during the sublet period.

Understanding these rights is crucial for subtenants to advocate for themselves and for original tenants to structure fair and legal agreements. These protections help ensure that subletting in Ontario remains a reliable housing option for both parties.

1. Right to quiet enjoyment

Every subtenant has the right to quiet enjoyment of the rental unit. This means they are entitled to privacy, peace, and comfort in the home without interference from the original tenant, landlord, or others.

Key protections include:

• Freedom from harassment or intimidation, including from the original tenant or landlord.
• 24-hour written notice before anyone enters the unit, unless it’s an emergency.
• Protection from constant disturbances, such as excessive noise or unauthorized visits.

More info: Guide to the Residential Tenancies Act – Section on Entry

2. Right to a safe and habitable unit

Subtenants are entitled to live in a unit that meets Ontario’s health, safety, and maintenance standards, regardless of whether their name is on the original lease. The landlord remains legally responsible for maintaining the property in a good state of repair even if a subtenant is living there.

This includes:

• Working heat, water, electricity, and plumbing.
• No pest infestations, mold, or structural damage.
• Functional locks and windows.

If the landlord fails to meet these requirements, subtenants can request the original tenant to file a maintenance request or take action themselves in serious cases.

3. Right to agreed-upon services and amenities

A subtenant has the right to access all services and features included in their sublease agreement. This includes things like parking, storage, internet, laundry access, or use of furnishings in a furnished rental.

The original tenant must ensure:

• The amenities listed in the sublet agreement are made available throughout the term.
• Services paid for by the subtenant are consistently provided.
• Utilities promised in the contract (e.g. heat, internet) are delivered reliably.

4. Right to notice and fair termination

Subtenants cannot be asked to leave the unit without notice or a valid reason. The sublet agreement should include detailed termination clauses specifying how much notice is required and under what conditions the agreement can be ended.

Rights include:

• Minimum notice periods (typically 30 days unless otherwise agreed in writing).
• Protection from eviction without cause.
• The right to dispute wrongful termination, especially if the sublet contract is breached.

5. Right to fair rent and protection from overcharging

One of the most important sublet rules in Ontario is that the subtenant cannot be charged more rent than the tenant currently pays. This prevents situations where tenants try to profit from subletting, which is strictly prohibited under the RTA.

The only exception is when the subtenant is provided with extra services (e.g. furniture, utilities, or cleaning) that are clearly itemized in the agreement.

Violations of this rule can result in:

• Rent repayment orders from the Landlord and Tenant Board.
• Penalties for the original tenant, especially in repeated or egregious cases.
• Legal action by the subtenant, if they can show proof of being overcharged.

While subtenants don’t have the exact same legal status as leaseholders, Ontario law does offer strong protections to ensure fair treatment. Subtenants who understand these rights are better equipped to advocate for themselves and address issues effectively. For best results, both the original tenant and the subtenant should sign a detailed Ontario sublet lease agreement that reflects all the terms clearly and legally.

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FAQ: Subletting in Ontario

What is a sublet?

A sublet is when a tenant temporarily rents out their rental unit to another person (called a subtenant) for part of the lease period. The original tenant remains on the lease and is still responsible for the unit, while the subtenant lives in the space and pays rent during the sublet term.

What is a subletter?

A subletter is more accurately referred to as a subtenant. This is the person who temporarily takes over the rental unit under a sublet agreement. They do not sign a lease directly with the landlord but are instead bound to the terms of a written sublet agreement with the original tenant.

Can a landlord stop me from subletting my unit to someone else?

Not without a valid reason. Under the Residential Tenancies Act, tenants have the right to sublet their unit with written landlord consent. A landlord cannot unreasonably deny this request, nor can they charge a fee for reviewing or approving the sublet. However, they can reject a specific subtenant based on legitimate concerns (e.g. lack of references, past evictions), as long as the reasoning is not discriminatory.

If i sublet my unit, what are my rights?

You keep your responsibilities under the lease and remain liable for the unit while it’s sublet. You can still choose your subtenant (with landlord approval) and set clear terms in the agreement. For more details, check out the section above on key considerations before subletting.

Can a tenant sublet without permission in Ontario?

No. Tenants must obtain written landlord consent before subletting their unit. Proceeding without permission may violate the lease and result in eviction. Even if a landlord is supportive, that support must be formalized in writing to be valid.

Can you sublet for more than rent in Ontario?

Generally, no. It is illegal to charge a subtenant more than the rent you pay unless you are providing additional services (e.g. utilities, furnishings) that are clearly documented and agreed upon in writing. Overcharging a subtenant is a violation of the RTA and can result in orders to repay the difference.

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Rethink The Way You Rent

Not on liv.rent yet? Experience the ease of digital applications & contracts, verified tenants & landlords, virtual tours and more – all on one platform. Sign up for free or download the app.

Learn More

Subscribe to receive the latest tenant & landlord tips and get notified about changes in the Canadian rental market.

>> Stay up-to-date on the average rent in Vancouver, Toronto and Montreal: Rent Reports.