Subletting in Ontario: Rules and Risks

Heading abroad for a semester, or stuck in a lease you no longer need? Subletting can be the answer — but in Ontario it's surrounded by rules that trip up tenants and landlords alike. Done right, it's a clean, legal way to keep your unit while someone else lives there. Done wrong, it can leave you on the hook for unpaid rent and damage.

Key takeaways

• A sublet means you leave temporarily and return; an assignment means you leave for good.
• Your landlord must consent to a sublet, but cannot unreasonably refuse it.
• As the original tenant in a sublet, you stay legally responsible for the lease.
• A landlord can only charge their actual out-of-pocket costs to approve a sublet or assignment.
• Never sublet without written landlord consent — it can put your tenancy at risk.

Sublet vs assignment: know the difference

These two terms are often confused, but the Residential Tenancies Act treats them very differently. A sublet is when you move out temporarily and plan to return before the lease ends — the subtenant occupies the unit in the meantime. An assignment is when you hand the entire tenancy over to someone else and walk away permanently.

Your landlord's role

You cannot sublet or assign on your own. Your landlord must consent. The good news: for a sublet, the landlord cannot arbitrarily or unreasonably withhold consent. They also can't charge you a fee for approving it beyond their genuine out-of-pocket costs, such as a reasonable credit check on the subtenant.

If a landlord refuses unreasonably, you can apply to the Landlord and Tenant Board. To understand how the LTB resolves these disputes, see our guide to the Landlord and Tenant Board and your broader tenant rights in Ontario.

Get consent in writing

Always document the landlord's approval. A verbal yes is worth little if a dispute arises later. Keep written consent with your copy of the Ontario Standard Lease.

The risks of subletting

The single most important thing to understand: in a sublet, you remain legally responsible for the tenancy. If your subtenant stops paying rent or damages the unit, the landlord can come after you, not them. You then have to chase the subtenant yourself.

• You're liable for rent the subtenant doesn't pay.
• You're liable for damage the subtenant causes beyond normal wear — see tenant repairs and maintenance.
• Subletting without consent can be grounds for the landlord to end your tenancy.
• A subtenant who overstays can be difficult to remove.

Screen your subtenant like a landlord would

Because you carry the risk, treat the subtenant search seriously: verify income, get references, and put everything in a written sublet agreement. It protects you when things go wrong.

When subletting isn't the answer

If you're leaving permanently, an assignment or simply ending the lease may be cleaner than a sublet — and if you're trying to escape a lease entirely, read how to break a lease in Ontario. And if a move signals you're ready to stop renting altogether, ownership may be closer than you think.

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