The property owner's required approval before a tenant can sublet their unit or assign their lease to another person. Under Ontario's Residential Tenancies Act, a landlord cannot unreasonably withhold consent to a sublet or assignment. If the landlord refuses consent without reasonable grounds, the tenant can apply to the Landlord and Tenant Board. However, the landlord can set reasonable conditions, such as requiring the proposed subtenant to complete a standard application.
Why It Matters
As a landlord, you have the right to approve sublets and assignments, but you can't refuse without a valid reason. As a tenant, you have the right to request a sublet if you need to leave temporarily or an assignment if you want to transfer your lease permanently. Understanding these rules prevents disputes and ensures both parties follow the proper process.
Real-World Example
A tenant in your Etobicoke rental unit gets a job offer in Vancouver and wants to sublet the apartment to a colleague for six months. The tenant sends you a written request for consent to sublet. You ask the proposed subtenant to fill out a standard rental application. The applicant has stable income and good references. You provide your written consent to the sublet with conditions: the subtenant must carry tenant insurance and the original tenant remains responsible for any damage. If you refuse consent without a valid reason, the tenant can apply to the LTB to override your decision or can give notice to end the tenancy.
Ontario & GTA Context
Under Section 97 of Ontario's Residential Tenancies Act, a landlord cannot unreasonably withhold consent to a sublet or assignment. If the landlord refuses, the tenant can apply to the Landlord and Tenant Board for an order allowing the sublet or assignment. Alternatively, the tenant can treat an unreasonable refusal as a termination and give 30 days notice to vacate. In a subletting arrangement, the original tenant retains the tenancy and can return. In an assignment, the new tenant takes over all rights and obligations permanently.
How It Works in Practice
When a tenant requests consent to sublet or assign, respond promptly and in writing. You can require the proposed subtenant or assignee to complete a standard application and meet your usual screening criteria. Document your decision and the reasons. Refusing without good cause can backfire -- the LTB may overrule you and you may lose the tenant entirely if they choose to give notice instead.
Common Questions
Can a landlord charge a fee for consenting to a sublet in Ontario?▾
What is the difference between a sublet and an assignment in Ontario?▾
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