Assignment and subletting let a renter transfer or share their written tenancy with someone else, but they raise important rights and obligations for tenants in Ontario. As a tenant, you should know when landlord consent is required, how to document requests and what reasonable grounds for refusal look like. This guide explains the difference between subletting and assigning, steps to ask for permission, how to protect your deposit and record the condition of the unit, and what to do if a dispute ends up at the Landlord and Tenant Board.[1] Practical examples and required forms are included so you can act confidently, meet deadlines, and keep a clear paper trail if questions arise.
What assignment and subletting mean
Assignment and subletting are two ways a tenant can transfer use of a rental unit. Subletting means you rent the unit (or part of it) to someone else while you remain on the original lease and remain responsible to the landlord. Assignment means you transfer the tenancy to a new tenant and usually give up your obligations under the original lease. The rules that apply in Ontario are set out under the Residential Tenancies Act, 2006 and related Landlord and Tenant Board processes.[2]
Key differences
- Subletting: you rent out part or all of the unit while you remain on the original lease and stay legally responsible to the landlord.
- Assignment: you transfer your tenancy to someone else and usually give up your obligations under the original lease once the landlord approves.
- Consent: landlords normally must be asked in writing for permission to sublet or assign; the Residential Tenancies Act and Landlord and Tenant Board processes explain how disputes are resolved.[2]
How to ask for consent
- Write a dated, signed request stating whether you seek a sublet or an assignment, the proposed dates, and the name and contact details of the proposed occupant.
- Attach supporting documents: references, ID, proof of income, and a copy of the proposed agreement between you and the new occupant.
- Give the landlord reasonable time to respond and keep a copy of every message and reply for your records.
If you need help finding a replacement tenant to assign to, you can Find rental homes across Canada on Houseme to advertise or search for interested renters.
Documentation and protecting your rights
Keep clear records: dated photos or video of the unit condition, copies of all written requests and replies, rent receipts, and any agreements with the incoming tenant. These records help prove the state of the unit and your attempts to cooperate. For information on protecting and recovering deposits, see Understanding Rental Deposits: What Tenants Need to Know.
When a landlord refuses or disputes arise
If a landlord refuses a sublet or assignment and you believe the refusal is unreasonable, you can apply to the Landlord and Tenant Board to have the decision reviewed. Before applying, gather your original written request, the proposed tenant's references and income proof, and any communication that explains the landlord's reason for refusal. See the LTB forms and application guidance to start a case.[3]
Practical example
- If you asked to sublet for six months and provided references but the landlord replied with a vague refusal, keep the dated email, your sublet agreement and the references; you can file an application with the Board attaching those documents.
FAQ
- Can my landlord refuse a sublet or assignment?
- Yes. A landlord can refuse, but if you believe the refusal is unreasonable you can apply to the Landlord and Tenant Board to review the decision.[1]
- Am I still responsible for rent if I sublet?
- Yes. In a sublet you remain on the original tenancy and stay responsible to the landlord unless the landlord agrees to an assignment that transfers responsibility to the new tenant.
- What if I need to leave before my lease ends?
- Consider subletting or assigning the tenancy as options; learn steps and tenant responsibilities in What to Do If You Need to Leave Your Rental Before the Lease Expires and keep records of all communications.
How-To
- Check your lease and provincial rules so you know whether assignment or subletting is permitted and any notice requirements.
- Prepare a written request with dates, names and supporting documents and send it to the landlord by email or registered mail.
- Keep copies of the request, responses, photos of the unit and any receipts or agreements from the proposed tenant.
- If you need to find a replacement, advertise responsibly and screen applicants, then share the information with the landlord.
- If the landlord refuses and you believe the refusal is unreasonable, file an application with the Landlord and Tenant Board and attach your records and correspondence.[3]
Key Takeaways
- Always ask for consent in writing and keep dated copies of every communication.
- Document the unit condition and collect references and proof from any proposed tenant.
- If you and the landlord cannot agree, you can apply to the Landlord and Tenant Board with your evidence.
Help and Support / Resources
- Landlord and Tenant Board (Tribunals Ontario)
- Residential Tenancies Act, 2006 (e-Laws)
- Renting in Ontario: Your Rights (Ontario.ca)
