Many tenants in Ontario consider subletting to reduce costs or cover a lease while away. Subletting can be lawful but involves clear responsibilities for the original tenant: you remain liable to the landlord for rent, damage and complying with the lease. The Residential Tenancies Act sets the legal framework for assignments and subletting and explains when landlord consent is required and what counts as unreasonable refusal.[1] This guide explains how rent is treated in subletting arrangements, when landlords can say no, which official forms you may use, and practical steps tenants can take to protect themselves and their money. It covers what you can charge a subtenant, how to document agreements, and where to apply if a dispute arises. If a landlord refuses consent, tenants can apply to the Landlord and Tenant Board for a decision and should keep careful records of communications.[2]
Can you sublet in Ontario?
Yes. Under the Residential Tenancies Act, a tenant may sublet or assign their tenancy, but many tenancy agreements require you to get the landlord's consent. A landlord cannot unreasonably withhold consent; if they do, you can apply to the Landlord and Tenant Board to resolve the dispute.[1] The original tenant remains responsible to the landlord for rent, damage and following the lease terms even while a subtenant occupies the unit.
How sublet rent and responsibilities work
When you sublet, think of two relationships: the tenancy between you and the landlord, and the contract between you and your subtenant. You can agree any rent with a subtenant, but you must still pay the landlord the amount in your lease. Keep written records so you can show what was agreed and who paid what.
- Pay your landlord the rent you owe under the lease.
- Collect rent from a subtenant and keep clear records of payments.
- Maintain the unit and report repair issues to the landlord as required.
- Provide written notices and receipts as needed when arranging the sublet.
- Keep copies of the sublet agreement, photos and communication with the subtenant and landlord.
When a landlord can reasonably refuse
Landlords may refuse a sublet for legitimate reasons, such as concerns about overcrowding or an unreliable proposed subtenant. Refusal must not be arbitrary; if a landlord's reason appears discriminatory or unreasonable, tenants can seek a decision from the Landlord and Tenant Board.[2]
- Safety or occupancy concerns such as exceeding permitted unit capacity.
- Evidence that the proposed subtenant has a history of damaging property or unpaid rent.
- When the sublet would break specific, reasonable terms of the original lease.
Practical steps before you sublet
Before you advertise or sign with a subtenant, check your lease and talk to your landlord in writing. Get written consent if required, and use a written sublet agreement that spells out rent, duration, utilities and who pays for damages. If you need more information about lease obligations after signing, see What Tenants Need to Know After Signing the Rental Agreement.
What to do if consent is refused
If your landlord refuses consent and you think the reason is unreasonable, start by sending a clear written request describing the proposed subtenant and the planned term. Keep copies of every message and receipt. If the dispute continues, you can file an application with the Landlord and Tenant Board to have the refusal reviewed.[2]
Useful documents and forms
Official forms and guidance are available from the Landlord and Tenant Board. For tenant-focused help on paying and documenting rent, consult Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips. If you want an overview of rights in Ontario, see Tenant Rights and Landlord Rights in Ontario.
FAQ
- Do I need my landlord's permission to sublet?
- Many leases require landlord consent. Under the Residential Tenancies Act a landlord cannot unreasonably withhold consent and the Landlord and Tenant Board can decide disputes.
- Can I charge more rent to a subtenant than I pay to my landlord?
- Yes, you may agree any rent with a subtenant, but you must still pay the rent you owe to your landlord and remain responsible under the lease.
- What happens if my subtenant damages the unit?
- The original tenant remains responsible to the landlord for damage and must resolve repairs or costs, then seek compensation from the subtenant under your sublet agreement.
- How do I challenge an unreasonable refusal to allow a sublet?
- You can apply to the Landlord and Tenant Board to ask for a decision; provide written requests, evidence and a clear timeline of communications.
How-To
- Gather documents: lease, proposed sublet agreement, photos, receipts and written communications with the landlord.
- Ask the landlord in writing for consent and include the proposed subtenant's details and the sublet term.
- File an application with the Landlord and Tenant Board if consent is refused and you believe the refusal is unreasonable.[3]
- Attend the hearing, present your evidence clearly, and keep copies of the Board's decision.
Key Takeaways
- Get landlord consent in writing where your lease requires it.
- You remain responsible for rent and damages when you sublet.
- Use written agreements and keep records to protect your rights.
Help and Support / Resources
- Landlord and Tenant Board - Contact and forms
- Landlord and Tenant Board - Official forms
- Residential Tenancies Act, 2006 - Government of Ontario
