Sublets: Why Landlord Permission Must Be for the Specific Subtenant

A sublet in Ontario is the temporary replacement of a tenant by another renter, while the original tenant plans to return. This is different from a roommate agreement (see the Roommate Agreement FAQ) and different from a lease assignment (a permanent transfer, used when you're not coming back). The permission must name the specific person. Under Ontario's Residential Tenancies Act, a landlord's consent to sublet must be for the specific subtenant you intend to bring in -- general permission to "sublet the unit" is not enough, and neither is permission given for a previous subtenant who is no longer the one moving in. Each time the subtenant changes, new written consent is required for that specific person. Why this matters more than people expect: in real Landlord and Tenant Board cases, occupants who moved in without the landlord's specific consent have been ordered to pay the landlord directly -- even for rental periods they had already paid to the original tenant. Paying the tenant does not protect you from being held liable to the landlord if the sublet wasn't properly authorized for you specifically. What a legal sublet requires: The person offering the sublet must be a tenant under the RTA (the landlord doesn't live in the unit or share a kitchen/bathroom with occupants). The sublet must have a set end date before the original tenant's lease or month-to-month term ends. The landlord must give written consent for the specific subtenant, not just general permission -- get this before accepting any deposit, and verify the person's identity. You cannot charge the subtenant more than you pay your landlord; only Last Month's Rent and a refundable key deposit can be collected, no security/damage deposit. This is not legal advice. This guidance is informational only and doesn't replace advice specific to your situation.