Subletting rules in Ontario: what landlords and tenants need to know
Subletting in Ontario is permitted under the Residential Tenancies Act but requires landlord consent, which cannot be unreasonably withheld.This guide covers Ontario tenancy law only. For other provinces, see our [rental laws guides].
In Ontario, subletting is governed by the Residential Tenancies Act, 2006. Tenants have a right to sublet their unit with the landlord's consent, and landlords cannot withhold that consent without reasonable grounds.
What Is Subletting?
Subletting occurs when a tenant temporarily vacates their unit and allows a subtenant to occupy it for a fixed period, while the original tenancy continues. The tenant must leave the unit for the arrangement to qualify as a sublet under the RTA — if the tenant remains in the unit while another person moves in, that person is an occupant or roommate, not a subtenant.
Do You Need the Landlord's Permission?
Yes. Subletting requires the landlord's consent. The landlord cannot refuse without reasonable grounds. Factors such as the proposed subtenant's creditworthiness or rental history are valid considerations. A refusal based on arbitrary reasons is not permitted. If the landlord refuses unreasonably or fails to respond, the tenant can file Form A2 with the Landlord and Tenant Board (LTB). The LTB can authorise the sublet or, in some cases, allow the tenant to end the tenancy instead.
Does a Sublet Have to Have an End Date?
Yes. A subtenancy in Ontario must have a fixed end date. A sublet cannot continue on a month-to-month basis. The subtenant must vacate when the sublet period ends.
Who Is Responsible During a Sublet?
The original tenant remains fully responsible to the landlord for rent and any damage caused by the subtenant throughout the sublet period. If the subtenant fails to pay, the landlord can pursue the original tenant.
What Happens if a Tenant Sublets Without Permission?
Subletting without consent is a breach of the tenancy agreement. The landlord may apply to the LTB to end the tenancy. There are strict timelines for the landlord to bring such an application, so tenants and landlords should act promptly if an unauthorised sublet occurs.
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