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Blog > Guide to Subletting in Ontario for Renters and Landlords
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Renting is a great option for those who can’t or choose not to buy a home. However, when circumstances change, staying in a place for the duration of the lease can be inconvenient or less possible. Subletting in Ontario is a great option for tenants who need to leave their lease early without facing consequences.
Subletting a rental place is a win-win for both tenants and landlords. It allows both leaser and leasee. Sublets allow renters the flexibility of moving earlier while ensuring they are not on the hook for the remainder of the lease payments. Subletting also eases the landlords workload by ensuring that a rental space doesn’t stay vacant.
What is Subletting
Subletting in Ontario is a process where a tenant finds another renter or subletter to take over their lease for the remainder of its term. Once a tenant signs a lease, they are legally responsible for all the payments and upkeep of the rental place as outlined in the lease agreement for the duration of the agreed upon timeframe. This can include a yearly lease, month-to-month or specified timeframe. Once the legal document is signed the tenant is responsible for all the payments and condition of the rental suite.
If a tenant wishes to move from their rented place before the lease expires, they must continue to pay for and maintain the place until the lease ends or find someone else, a subletter, to take over the lease.
Is Subletting Legal
Subletting is legal in Canada, however, in order to do it legally, both landlords and tenants must abide by specific rules and regulations. Sublet laws in Ontario are designed to protect both tenants and landlords.
How to Sublet an Apartment
In accordance with subletting laws in Ontario, any tenant who wishes to sublet their place to another tenant must first put a written request in to their landlord explaining when they want to sublet the rented suite. The landlord has to approve the written request before the tenant can find someone else to take over their lease. Depending on the reason for subletting an apartment, a written request must be given to the landlord within 7 to 30 days.
The written request must include:
Landlords can also request additional about the new tenant who will be taking over the lease.
If the tenant does not put in a written request before subletting the rental apartment, it is considered an unauthorized sublet. The landlord has 60 days to file an application with the Rental Board to have both tenants evicted.
Landlords must reply to the written request within seven days after receiving the written request. If a landlord fails to respond to the request within the seven days, tenants have two options. They can give their 30 days’ notice and end the lease or apply to the rental board for their approval.
In accordance with sublet laws in Ontario, landlords can’t unreasonably refuse a tenant’s sublet request. If they do refuse the request, they must have a valid reason and state that reason to the tenant.
Who’s Responsible to Find the Subletter
While there are no subletting laws in Ontario when it comes to finding a subletter, most landlords expect the tenant to find someone to take over the lease. Tenants can advertise the available unit at different local and online places if they don’t already know someone who is interested in taking over the lease.
Sometimes, landlords have a waiting list of people wanting to rent in their unit that they can refer to.
Communication between landlord and tenant is important to ensure that the transfer of a lease agreement through a sublet goes smoothly and legally for all parties.
