Subletting and Assignment in Ontario: Your Rights When You Need to Leave Early
Ontario tenants who need to leave before their lease ends have two legal options under the Residential Tenancies Act: subletting and assignment. This guide e...
Frequently Asked Questions
Can my landlord refuse to let me assign my lease?
A landlord can refuse, but the refusal must be reasonable. Refusing simply to re-rent at higher rent, refusing without giving a reason, or refusing on discriminatory grounds is unreasonable. If refused, the tenant can file at the LTB or give 30 days' notice to terminate the tenancy under s. 95(4).
What happens if my landlord doesn't respond to my assignment request?
Under s. 95(4), if the landlord does not respond within seven days, the lack of response is deemed a refusal. The tenant then has the right to give 30 days' notice to terminate the tenancy.
Can my landlord raise the rent when I assign my lease?
No. Under s. 95(8), the assignee takes the tenancy at the same rent the original tenant was paying. The landlord cannot increase rent on assignment. Any subsequent increase must follow the normal annual guideline process.
What is the difference between a sublet and an assignment?
In a sublet, the original tenant transfers possession temporarily and intends to return — they remain on the lease and responsible for rent. In an assignment, the original tenant permanently transfers the entire tenancy to a new person and their obligations end. Most tenants who need to leave early want an assignment.
Can I Airbnb my apartment without my landlord's consent?
Generally no. Short-term rentals through Airbnb are typically treated as unauthorized sublets under the RTA. The landlord can apply to the LTB for eviction. Municipal short-term rental by-laws may impose additional restrictions and fines.
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