In Ontario, you need your landlord's consent to sublet or assign your lease, but your landlord can't arbitrarily or unreasonably refuse a sublet or a specific person you propose for an assignment. The key difference: in a sublet, you move out temporarily, plan to come back, and stay responsible to the landlord; in an assignment, someone else takes over your lease for good and you step away. If your landlord refuses assignments altogether or ignores your request for seven days, you may be able to end your tenancy early.
Key takeaways
- Always get written consent from your landlord before anyone else moves into your unit to sublet or take over the lease.
- Sublet = temporary. You keep your tenancy, you're still liable for rent and damage, and you have the right to come back.
- Assignment = permanent. The new person takes over your lease and its rent. You generally aren't responsible for what happens after.
- Landlords can't arbitrarily or unreasonably refuse consent to a sublet or to a proposed assignee.
- You can't charge a subtenant more than the lawful rent.
- Disputes go to the Landlord and Tenant Board (LTB), usually with Form A2.
This is general information, not legal advice. For your situation, contact the Landlord and Tenant Board or a community legal clinic.
Sublet vs assignment: what's the difference?
People use "sublet" loosely, but in Ontario the two words mean very different things under the Residential Tenancies Act (RTA).
| Sublet | Assignment | |
|---|---|---|
| How long? | Temporary, for part of your lease | Permanent, for the rest of the tenancy |
| Do you come back? | Yes, you intend to return at the end | No |
| Who is the tenant? | Still you | The new person (assignee) |
| Who pays the landlord? | You (your subtenant usually pays you) | The assignee pays the landlord directly |
| Who's liable for damage and rent? | You, to the landlord | The assignee, for anything after the assignment |
| Can the landlord refuse? | Not arbitrarily or unreasonably | Can refuse assignments in general, which lets you end your tenancy; can't unreasonably refuse a specific person once they agree in principle |
| Rent the new person pays | No more than the lawful rent | The same rent on your lease |
Typical sublet: you're a student going home for the summer, or you've taken a four-month co-op placement in another city.
Typical assignment: you're moving for a new job, buying a home, or moving in with a partner, and you won't be back.
How subletting works in Ontario
Step 1: Ask your landlord in writing
Send an email or letter that names the person you'd like to sublet to and the dates. Offer your subtenant's references or let the landlord run a credit check. Under section 97 of the RTA, the landlord can't arbitrarily or unreasonably withhold consent.
What might be reasonable? A concern based on the specific person, like a documented history of unpaid rent, or a plan that would overcrowd the unit. What usually isn't? "I never allow sublets," or refusing without even looking at the person.
Step 2: Sign a sublet agreement with your subtenant
Even with landlord consent, the agreement between you and your subtenant is what protects you. Include:
- Start and end dates, and the date you'll move back in
- Rent amount (no more than the lawful rent), due date and how it's paid
- Who pays utilities and internet
- A condition report with dated photos of the unit and furniture
- What happens to your belongings left in the unit
- Key and fob handover and return
- House rules, especially if you share the unit with roommates
- A copy of the landlord's written consent attached
Step 3: Remember you're still on the hook
In a sublet, you remain the tenant. If your subtenant doesn't pay, damages the unit or bothers neighbours, the landlord will look to you. Choose carefully.
If your subtenant won't leave
A subtenant who stays after the sublet ends is called an "overholding subtenant." The RTA lets you or the landlord apply to the LTB to evict them, using Form A2. There are time limits on these applications, so act quickly and check the current A2 instructions on the LTB website.
How assignment works in Ontario
Assignment has a specific process under section 95 of the RTA.
- You ask your landlord for consent to assign. You can ask about assignment generally, or name a specific person.
- Your landlord has three options:
- consent to the assignment,
- consent in principle, after which they can't arbitrarily or unreasonably refuse a specific assignee you propose, or
- refuse consent to any assignment.
- If the landlord refuses assignment in general, or doesn't respond within seven days of your request, you may give the landlord notice to end your tenancy. You must do so within 30 days after the date you made the request. Check the LTB forms page for the correct notice form and dates.
Once an assignment is completed, the assignee takes over the lease, including the same rent, and you're generally not liable for breaches that happen after the assignment.
Can the landlord charge for this?
For both sublets and assignments, the landlord can only charge reasonable out-of-pocket expenses incurred in giving consent, such as the cost of a credit check. A flat "sublet fee" isn't allowed.
Roommates subletting a room
This is where things get messy, because many Toronto roommate households have different setups.
- If you're a co-tenant on the lease and want to sublet just your room for the summer, you still need the landlord's consent. Talk to your roommates too. They'll be living with this person, and in many leases co-tenants share responsibility for the whole rent.
- If you're renting a room from another tenant (sometimes called a head tenant) and you're not on the lease, your legal status can be unclear. You might be a subtenant, or you might be an occupant with fewer rights. Ask the head tenant whether the landlord has consented, and get your arrangement in writing.
- If the owner lives in the home and you share a kitchen or bathroom with them, the RTA may not apply at all. See our guide to living with your landlord in Ontario.
A good roommate agreement should already say what happens if someone wants to sublet: who has to approve the new person, how they're screened and how rent is split.
What happens if you sublet without consent?
If you give possession of the unit to someone without the landlord's consent, the landlord may treat that person as an unauthorized occupant. The landlord can apply to the LTB, again using Form A2, to evict them, and you could be in breach of your lease. Asking first is always cheaper than fixing it later.
LTB forms at a glance
| Form | What it's for |
|---|---|
| A2 | Application about a sublet or an assignment (landlord or tenant) |
| N9 | Tenant's notice to end the tenancy |
| N11 | Agreement between landlord and tenant to end the tenancy |
Always download the latest version from the LTB forms page, since forms are updated from time to time.
Finding a subtenant or assignee safely
Whether you're looking for someone to take over your lease or you're the one moving in, watch for scams: fake landlord consent, people asking for deposits before a viewing, or "subtenants" who want the keys before signing. Our guide to Toronto rental scams covers the red flags.
On ColivEase, listings go through landlord and agent verification and AI scam checks. Our AI roommate matching looks at habits, budget and schedule, which is useful when your roommates need to agree on someone to sublet a room in a shared home. You can also run a sublet or lease document through the AI lease check before anyone signs.
Ready to make your move?
Subletting and assigning are both legal in Ontario when you follow the steps: ask in writing, get consent, put everything on paper and know who stays responsible. If you're looking for a short-term room or a new household to join, explore ColivEase and find people and places that fit how you live.
Frequently asked questions
Can my landlord refuse to let me sublet in Ontario?
Your landlord's consent is required, but under section 97 of the Residential Tenancies Act they can't arbitrarily or unreasonably refuse a sublet. A valid concern about a specific person, such as a poor rental history, may be reasonable; a blanket 'no sublets ever' usually is not. If you think a refusal is unreasonable, you can apply to the LTB using Form A2.
What happens if my landlord says no to an assignment?
If you ask to assign and your landlord refuses assignments in general, or doesn't reply within seven days, the RTA lets you give notice to end your tenancy within 30 days of your request. If the landlord agrees to assignment in principle, they can't arbitrarily or unreasonably refuse a particular person you propose.
Am I still responsible if my subtenant damages the unit?
Yes. In a sublet you remain the tenant and stay responsible to the landlord for rent and for the unit. That's why you should screen your subtenant carefully and have a written sublet agreement.
Can I charge my subtenant more rent than I pay?
No. The RTA says a tenant can't charge a subtenant more than the lawful rent for the unit. Profiting from a sublet can lead to an order to repay the extra amount.
Can my landlord charge a fee to approve a sublet or assignment?
Only reasonable out-of-pocket expenses the landlord actually incurs in giving consent, such as a credit check. They can't charge an arbitrary 'sublet fee'.
