If you’re a tenant in Ontario and need to leave your rental before your lease ends, you may be considering subletting or assigning your lease. Understanding your rights and the proper procedures is essential to protect yourself and comply with the Residential Tenancies Act, 2006. This guide explains how subletting and lease assignments work in Ontario, what steps to follow, and important tips to avoid disputes.

What’s the Difference Between Subletting and Assigning?

In Ontario, tenants have the right to ask their landlord for permission to either sublet or assign their rental unit:

• Subletting means you temporarily move out and someone else (the subtenant) lives in your place for a set period. You remain responsible for the lease and the unit returns to you later.
• Assigning a lease means you transfer your entire interest in the rental unit to someone else; they become the new tenant, and your tenancy ends.

Both options require landlord consent, but the landlord can only refuse for reasonable grounds. All rules are set out under the Residential Tenancies Act, 2006.^[1]

When Can a Tenant Sublet or Assign Their Lease?

Most fixed-term leases in Ontario allow for assignment and subletting unless specifically prohibited. For monthly tenancies, assignment typically isn’t applicable, but subletting may still be possible. Check your rental agreement for any restrictions or requirements.

For more information on your general rights as a tenant, see Tenant Rights in Ontario.

How to Request Permission from Your Landlord

You must get written consent from your landlord to sublet or assign your lease. Here’s what to do:

• Notify your landlord in writing about your intention and whether you want to sublet or assign.
• Include the name and contact details of the proposed new tenant.
• The landlord cannot unreasonably refuse your request, but they may screen the new tenant like a standard rental application.
• If you are assigning, the landlord must respond within seven days.

If your landlord does not reply within seven days, or they refuse without a valid reason, you can apply to the tribunal for permission to end your tenancy early.

Official Forms for Subletting and Assignment

Form N9 – Tenant’s Notice to End the Tenancy

If the landlord refuses your assignment request, you can give proper notice to end your tenancy using Form N9: Tenant’s Notice to End the Tenancy. This form is used when you wish to move out after the refusal.

• Download Form N9 (Tenant’s Notice to End the Tenancy)
• Submit Form N9 to your landlord and follow legal notice periods for your tenancy type.

Form A2 – Application to the LTB to Authorize Assignment

If your landlord unreasonably withholds consent, use Form A2: Application about a Sublet or an Assignment to ask the tribunal to let you assign your unit and/or end your tenancy.

• Download Form A2 (Application about a Sublet or an Assignment)
• File Form A2 at the Landlord and Tenant Board (LTB), Ontario’s official tenancy tribunal.

As an example: If you find a new tenant and your landlord will not agree to an assignment, you can use Form A2 to request a hearing at the LTB. The LTB can either order the assignment, allow you to terminate your tenancy, or refuse your request based on the evidence.

Step-by-Step: Subletting or Assigning Your Lease in Ontario

Here’s a quick summary of what to do as a tenant:

• Decide if you need to sublet (temporary) or assign (permanent) your lease.
• Find a suitable new tenant and get their details.
• Send a written request for consent to your landlord, including the new tenant’s information.
• Wait for your landlord’s response (up to seven days for assignments).
• If refused or no answer, submit “Form N9” or “Form A2” to the Landlord and Tenant Board (LTB).
• Follow up with the LTB for a hearing if needed; comply with any final order.

Can a Landlord Charge a Fee for Assignment or Sublet?

Ontario law allows landlords to charge you the reasonable out-of-pocket costs for consenting to an assignment or sublet (e.g., for credit checks), but they cannot charge more than that. Any excessive fees can be disputed at the LTB.^[1]

Practical Tips for Tenants

• Always check your original lease for specific clauses about subletting or assignment.
• Get everything in writing to avoid misunderstandings.
• If issues arise (such as repairs or payment obligations during a sublet), see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
• Find rental homes across Canada on Houseme for more options if you’re moving.

For details about leaving your rental before the end of your lease and understanding next steps, see What to Do If You Need to Leave Your Rental Before the Lease Expires.

1. Can I assign my lease without landlord approval?
   No, in Ontario you must obtain written consent from your landlord before assigning your lease. The landlord can only refuse on reasonable grounds, not arbitrarily.
2. What if my landlord refuses to let me assign or sublet?
   If the refusal is unreasonable, you may apply to the Landlord and Tenant Board for permission to assign or to be released from your lease. Use the official Form A2 for this process.
3. Am I still responsible for the rent if I sublet my unit?
   Yes, you remain legally responsible for the lease, rent payments, and any damage during the sublet period. For assignments, responsibility ends once the assignment is approved and completed.
4. How long does my landlord have to respond to my request?
   For assignments, the landlord must reply within seven days after your written request. For sublets, the Act states a landlord cannot unreasonably refuse but does not specify a strict timeline.
5. Can my landlord charge me a fee for subletting or assignment?
   They may only charge for reasonable expenses, such as the cost to screen the new tenant, and nothing more.

Conclusion: Key Takeaways

• Tenants in Ontario can sublet or assign their lease with landlord consent under the Residential Tenancies Act, 2006.
• Always obtain written permission and use the correct forms if you encounter problems.
• The Landlord and Tenant Board can resolve disputes about assignments or sublets.

Being informed and keeping records helps you navigate your rights and responsibilities smoothly.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) – Forms, guides, and applications for Ontario tenants
• Ontario’s Rental Housing Information for Tenants
• Local community legal clinics (search "legal clinic [your city] Ontario")
• For general facts about Ontario tenant law: Tenant Rights in Ontario

---

1. Residential Tenancies Act, 2006 (Ontario)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy