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Can you sublet your apartment?

Region: Ontario Answer # 1461

Yes, generally, a tenant may sublet their apartment in Ontario under the Residential Tenancies Act. With the consent of the landlord, a tenant may sublet a rental unit to another person under Section 97(1) of the Residential Tenancies Act. The easiest, fastest, and most affordable way to create a residential sublease agreement in Canada is to use Legal Line’s residential sublease agreement form.

According to Section 97(2) of the Residential Tenancies Act, a landlord should not arbitrarily or unreasonably withhold consent to sublet a rental unit. A tenant should speak to their landlord and get their approval before subletting the apartment to another person.

If you believe that your landlord has arbitrarily or unreasonably withheld consent to the sublet of a rental unit, you may apply to the Landlord and Tenant Board.

If the Landlord and Tenant Board decided that the landlord unlawfully withheld consent to a sublet, they may do one or more of the following:

  • Order that the sublet is approved
  • Order that the tenancy be terminated
  • Order an abatement of the tenant’s rent

What are the requirements to sublet an apartment?

Under the Residential Tenancies Act:

  • You must temporarily vacate the rental unit
  • The sublet term must be shorter than your tenancy term

What special rules apply to tenancies?

Some tenants may not be able to assign their tenancy or sublet, including:

  • A tenant who is a superintendent
  • A tenant who lives in subsidized, public or non-profit housing
  • A tenant who is a student living in housing provided by an educational institution

For additional information on sublets and assignments, visit your provincial or territorial government landlord and tenant office.

Help for Tenants

A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.

If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-250-410-3963 .

If you are a Tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:

  • Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
  • Help establish a positive credit history with a new rent tradeline
  • Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)

Help for Landlords & Property Managers

If you are a Landlord or Property Manager, you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:

  • Attract financially responsible applicants interested in building credit with their rent
  • Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
  • Reduce Tenant turnover and improve monthly cash flow

Get your Residential Sublease Agreement

The easiest, fastest, and most affordable way to create a residential sublease agreement in Canada is to use Legal Line’s residential sublease agreement form. Start now – it only takes a few minutes.


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