How to Transfer a Lease in Ontario: Subletting and Assignment Explained

If you’re a tenant in Ontario and need to move before your lease ends, you may consider subletting or assigning your rental unit. Both are legal options under the Residential Tenancies Act, 2006, but there are important differences between them and key steps you must follow to protect your rights. This guide explains what subletting and assignment mean, how to transfer a lease, and the official rules you need to know as a tenant in Ontario.

Understanding Subletting and Assignment

Before making a decision, it’s essential to understand the meaning and impacts of subletting versus assignment:

• Subletting: You temporarily move out and someone else (the "subtenant") rents the unit for a set period, but you plan to return. You remain legally responsible for the lease.
• Assignment: You transfer your lease to another person permanently. The new tenant (assignee) takes over your obligations, and you are released from the lease once the assignment is complete.

Both options can help if your circumstances change and you need to vacate early. However, there are specific rules and processes under Ontario law.

Tenants’ Rights and Responsibilities

As a tenant, it’s your legal right to request permission to sublet or assign your unit. Under Ontario law, your landlord cannot refuse your reasonable request, but they do have the right to approve the new tenant or subtenant. Your obligations, including payment of rent and maintaining the unit, continue differently depending on which method you use.

• In a sublet, you stay liable for risks such as unpaid rent or damages if the subtenant doesn’t fulfill their responsibilities.
• In an assignment, you generally have no further responsibility once the new tenant formally takes over.

For a detailed look at tenant and landlord duties post-agreement, explore What Tenants Need to Know After Signing the Rental Agreement.

Requesting to Sublet or Assign Your Unit

The process starts with a written request to your landlord. You must ask for their consent either to sublet the unit or to assign the lease. Your landlord can request relevant information about the prospective subtenant or assignee, such as references or credit checks, but cannot arbitrarily refuse your request.

Key Steps for Ontario Tenants

• Submit a Written Request: Give your landlord a written notice asking to assign or sublet the unit. Specify your intended dates and provide potential candidate information if available.
• Wait for Landlord Response: Your landlord must reply within a reasonable time. If they refuse without a valid reason or don’t respond, you can seek remedies through the tribunal.
• Use Proper Forms: Official forms ensure your rights are protected and the transfer is recognized by law.

If you need to move before your lease ends and are unsure which option is best, always get informed about your rights and responsibilities.

Official Forms for Subletting or Assignment

You’ll need to complete and exchange the following official forms:

• Form N9: Tenant's Notice to End the Tenancy — Used if ending tenancy after assignment. Available from the Landlord and Tenant Board (LTB) Forms page. For example, after a successful assignment, submit Form N9 to officially indicate you are vacating the unit.
• Form N11: Agreement to End the Tenancy — Used if you and your landlord mutually agree to end tenancy as part of an assignment. Find it on the LTB Forms page.
• Assignment/Sous-location Request (no LTB pre-made form): Draft a written request with all relevant details. Both landlord and tenant should keep a copy for their records.

If your landlord refuses your reasonable request, you can apply to the Landlord and Tenant Board using their online portal or by filing an application in person (Landlord and Tenant Board of Ontario).

What If the Landlord Refuses?

If your landlord does not reply or refuses to let you sublet/assign without a valid reason, you may:

• File a complaint with the LTB for compensation or to terminate your lease.
• End your tenancy legally without penalty, depending on the circumstances.

This legal protection is provided under the Residential Tenancies Act, 2006.

When to Consider Subletting or Assignment

Common reasons tenants consider these options include:

• Temporary job relocation
• Travel or studies abroad
• Moving for family or health reasons

Before you proceed, it’s also wise to review steps for What to Do If You Need to Leave Your Rental Before the Lease Expires. This will help you plan a smooth transition and avoid legal pitfalls.

How to Protect Yourself as a Tenant

Always document all communications with your landlord and subtenant (or assignee), use written agreements for every step, and check your eligibility and responsibilities in the Residential Tenancies Act, 2006. When in doubt, seek guidance from tenant support organizations or Tenant Rights in Ontario.

FAQ: Subletting and Assignment in Ontario

1. Do I need my landlord’s permission to sublet or assign my rental unit?
   Your landlord’s written consent is required before you sublet or assign your unit in Ontario.
2. What happens if my landlord refuses my reasonable request to assign or sublet?
   You may apply to the Landlord and Tenant Board for an order permitting you to assign, end your tenancy, or seek compensation.
3. Am I responsible for damages during a sublet?
   Yes, in a sublet you stay responsible for unpaid rent and damages caused by the subtenant.
4. Can my landlord charge me a fee to approve a sublet or assignment?
   Your landlord can only charge out-of-pocket expenses directly related to the request, such as reasonable advertising costs.
5. Is there an official form to request to sublet?
   Ontario does not have a dedicated official form for the initial sublet/assignment request. Draft your own written request with all details and keep copies.

Conclusion: Key Takeaways

• Both subletting and assignment are legal options for Ontario tenants who need to leave before the lease ends.
• Always request your landlord’s permission in writing and use official forms where needed.
• If your landlord refuses your reasonable request, you may have the right to compensation or to end your lease legally.

Transferring a lease in Ontario requires clear communication, documentation, and following the steps set by law to protect your rights as a tenant.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) of Ontario: Information, official forms, and dispute resolution.
• Ontario Ministry of Municipal Affairs and Housing — Renting in Ontario: Your Rights
• Local Advocacy Centre for Tenants Ontario (ACTO): Free tenant legal advice and support.

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1. Residential Tenancies Act, 2006, S.O. 2006, c. 17. Ontario government legislation page
2. Landlord and Tenant Board of Ontario. LTB official site
3. LTB Tenant and Landlord Forms. LTB Forms page

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