Lease Transfers & Sublets for Tenants in Ontario

As a tenant in Ontario, you may find yourself needing to move before your lease is up. Fortunately, the Residential Tenancies Act, 2006 (RTA) provides options for tenants who need to transfer their lease or sublet their rental unit.

Understanding Lease Transfers and Sublets in Ontario

A lease transfer, also known as an assignment, is when a tenant transfers their rental agreement obligations to a new tenant. In contrast, a sublet involves temporarily renting out your space to another person while still remaining on the lease.

Lease Transfers: Letting Go of Your Lease

When you transfer your lease, the new tenant steps into your shoes and assumes all your rights and obligations under the original lease. To do this, you need your landlord's approval. According to the RTA, if a landlord refuses consent to a lease transfer unreasonably, you may take further action with the Landlord and Tenant Board.

Subletting: Temporary Tenant Solutions

Subletting allows you to rent out your unit to someone else without completely removing yourself from the lease. You remain responsible for the lease obligations unless the new tenant violates terms. Your landlord must approve any subletting arrangement, which cannot be unreasonably refused.

For those needing to leave before the lease expires, these options offer flexibility and a smooth transition.

The Forms You Need

There are specific forms for lease transfers and sublets in Ontario:

• Form N9: Tenant’s Notice to End the Tenancy. Use this to notify your landlord of your intention to move out, transfer, or sublet.
• Form N11: Agreement to End the Tenancy. This form is used if you and your landlord agree to terminate the lease.

These forms can be found on the Landlord and Tenant Board's official website.

Responsibilities and Rights

When transferring or subletting, both parties must understand their rights and responsibilities under the lease. Be aware that your landlord cannot charge you a fee for assigning your lease, other than potential re-rental costs.

As you navigate these processes, remember that you can Find rental homes across Canada on Houseme and explore new opportunities.

Need Help? Resources for Tenants

If you need assistance, the Tenant Rights in Ontario page is a valuable resource. For further help, contact the Landlord and Tenant Board or local tenant advocacy groups.

1. What’s the difference between a lease transfer and a sublet? A lease transfer permanently shifts the lease to a new tenant, while a sublet temporarily rents the space out but keeps the original tenant on the lease.
2. Do I need my landlord's permission to transfer or sublet my lease? Yes, landlords must consent to both transfers and sublets, but they cannot unreasonably refuse.
3. What happens if my landlord refuses my request to transfer or sublet? If refusal is unreasonable, you may apply to the Landlord and Tenant Board for a resolution.

1. How can I prepare for a lease transfer?
   1. Review your current lease terms and discuss your intentions with your landlord.
   2. Complete and submit the necessary forms, such as Form N9 or Form N11, to your landlord.
   3. Find a suitable candidate to take over your lease, if required, and seek approval from your landlord.
2. What steps are involved in subletting my apartment?
   1. Check your lease and the RTA for subletting rights and terms.
   2. Find a subtenant and make sure they meet approval criteria set by your landlord.
   3. Submit a request for subletting to your landlord, along with any required forms.