legal and rights / PUBLIC GUIDANCE
Ontario Sublet Rules: Frequently Asked Questions
Confusion between "permission to sublet generally" and "permission for this specific subtenant" is a recurring real-world problem -- LTB order records show unauthorized-occupant cases where this distinction determined financial liability. See also the Sublet Rules and Template Guide (KB-022) for the fuller version of this permission point and the deferred LTB-outcome-statistics feature that will eventually back this claim with real aggregate numbers.
What's the difference between a sublet and an assignment? In a sublet, the original tenant keeps their tenancy and is still legally responsible for the unit, but temporarily lets someone else live there and pay rent, with the plan to return. In an assignment, the original tenant permanently transfers their tenancy to someone else and moves out for good.
Does my landlord need to approve my sublet? Yes -- and specifically, they must approve the particular person you intend to sublet to, not just the general idea of subletting. Landlord consent to "subletting in general" is not the same as consent for a specific subtenant. This distinction matters: cases before the Landlord and Tenant Board have found that an "unauthorized occupant" can be ordered to pay the landlord directly -- even for periods they already paid rent to the original tenant -- when the specific subtenant was never properly authorized.
Can my landlord charge more than my rent for a sublet? No. A tenant subletting their unit cannot charge the new subtenant more than the rent they themselves pay to the landlord.
Are there restrictions for condos? Some condo corporations have their own rules or registration requirements around subletting, in addition to the RTA's requirements -- check your condo's declaration/rules in addition to standard tenancy law.
What if my landlord unreasonably refuses to consent? Tenants have options if a landlord unreasonably withholds consent to sublet, including applying to the Landlord and Tenant Board -- this is case-specific and worth getting guidance on.
Is this legal advice? No. Subletting situations can have serious consequences if done incorrectly (loss of tenancy, financial liability) -- get advice from a legal clinic or paralegal for your specific situation before proceeding.