Many landlords receive the same message from tenants:

“I’m going away for a few months. Can I sublet my apartment?”

Others discover someone else has moved into the rental unit without any notice.

This often creates confusion.

Can tenants legally sublet?

Does the landlord have to approve it?

Who is responsible if the subtenant damages the property?

Can the landlord refuse?

The answer depends on Ontario’s Residential Tenancies Act (RTA), and understanding the rules is important for both landlords and tenants.

What Is a Sublet?

A sublet happens when the original tenant temporarily leaves the rental unit and allows another person to live there for a period of time.

The key point is:

The original tenant plans to return.

During the sublet:

• The original lease remains in effect.
• The original tenant keeps their tenancy.
• The original tenant remains legally responsible for the rental unit.
• The subtenant occupies the unit only temporarily.

This is different from permanently transferring a lease.

Does the Landlord Have to Approve a Sublet?

Yes.

In Ontario, tenants generally need the landlord’s consent before subletting a rental unit.

However, landlords cannot simply refuse every request.

Under Ontario law, consent cannot be arbitrarily or unreasonably withheld.

For example, a landlord may reasonably refuse if:

• the proposed subtenant has poor credit,
• the applicant cannot demonstrate sufficient income,
• references raise concerns,
• the sublet would violate occupancy limits or condominium rules.

The decision should be based on legitimate reasons rather than personal preference.

Can a Tenant Sublet Without Permission?

No.

If a tenant sublets the property without obtaining the landlord’s consent when required, they may be violating the Residential Tenancies Act.

Depending on the circumstances, the landlord may have legal remedies through the Landlord and Tenant Board (LTB).

This is why written communication and proper documentation are always recommended before anyone else moves into the property.

Who Is Responsible During a Sublet?

One of the biggest misconceptions is that the subtenant becomes responsible for the lease.

That is not how Ontario law works.

Even during a sublet:

• the original tenant continues paying rent,
• the original tenant remains responsible for property damage,
• the original tenant remains responsible for complying with the lease,
• the landlord’s legal relationship remains with the original tenant.

If something goes wrong, the landlord generally deals with the original tenant—not the subtenant.

Can the Tenant Charge More Rent?

Generally, no.

In most cases, a tenant cannot charge a subtenant more than the lawful rent they are paying under the original lease, although certain permitted charges may apply in limited situations.

Subletting is intended as a temporary housing arrangement, not an opportunity to make a profit.

How Long Can a Sublet Last?

A sublet is meant to be temporary.

The original tenant must intend to move back into the unit after the agreed sublet period.

If the tenant moves out permanently and someone else takes over the lease, that is usually not a sublet.

It may instead be a lease assignment.

Sublet vs Assignment: What’s the Difference?

This is one of the most misunderstood parts of Ontario rental law.

Sublet

• Temporary arrangement.
• Original tenant intends to return.
• Original tenant remains responsible.
• Lease does not change.

Assignment

• Original tenant leaves permanently.
• Lease transfers to another tenant.
• The new tenant becomes responsible.
• The original tenant no longer occupies the unit.

Understanding this difference is important because different legal rules apply.

What About Roommates?

Another common misunderstanding involves roommates.

If the original tenant continues living in the unit while another person moves in, that person is generally considered an occupant or roommate—not a subtenant.

This situation is different from subletting because:

• the original tenant never leaves;
• the lease remains exactly the same;
• the roommate usually has no direct legal relationship with the landlord.

Many landlords mistakenly confuse roommates with sublets, which can lead to unnecessary disputes.

Common Mistakes Landlords and Tenants Make

Subletting often becomes problematic because of simple misunderstandings.

Common mistakes include:

• assuming landlord approval is unnecessary;
• confusing roommates with subtenants;
• confusing assignments with sublets;
• relying only on verbal agreements;
• failing to document the arrangement in writing;
• failing to screen the proposed subtenant.

Taking the time to understand the process can prevent expensive legal disputes later.

Documentation Matters

Whenever a sublet is proposed, both landlords and tenants should keep thorough records.

Recommended documentation includes:

• written sublet request;
• landlord’s written response;
• sublet agreement;
• inspection photos before and after occupancy;
• emails and text messages;
• move-in and move-out dates.

Good documentation protects everyone if questions arise later.

How Professional Property Management Can Help

Subletting requests often involve legal requirements, documentation, and tenant communication.

A professional property management team can help landlords:

• review sublet requests;
• screen proposed occupants;
• maintain proper documentation;
• ensure compliance with Ontario rental rules;
• communicate with tenants professionally;
• reduce the risk of future disputes.

Proper management helps protect both the landlord’s investment and the tenant relationship.

Why More GTA Landlords Choose Topromanage

At Topromanage, we help landlords across Toronto and the GTA navigate everyday rental situations, including sublets, lease changes, tenant communication, documentation, maintenance coordination, and ongoing property management.

Our goal is to help landlords remain compliant while protecting their rental income and minimizing unnecessary risks.

Final Thoughts

Subletting is legal in Ontario, but it is not as simple as handing someone else the keys.

Both landlords and tenants should understand when consent is required, who remains responsible during the sublet, and how subletting differs from roommates and lease assignments.

By understanding the rules, communicating clearly, and keeping proper documentation, both parties can avoid misunderstandings and protect their rights throughout the rental process.

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