Sublet to a new tenant

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Housing Law - Moving out
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Landlord and Tenant Board (LTB)
Centre for Equality Rights in Accommodation (CERA)
Federation of Metro Tenants' Associations
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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How can I get out of my rental agreement?
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Sublet to a new tenant

If you want to leave your place for a while and then move back in later, you might be able to sublet to someone else while you are gone. The person who you sublet to is called your subtenant.

You cannot charge your subtenant a higher rent than the landlord charges you.

Be careful choosing who to sublet to. If they cause damage or don't pay the rent, you may have to pay.

The subletting agreement

You must make an agreement with your subtenant that ends on a particular date. That date must be:

  • before (not on) the last day of your term if you have a fixed-term tenancy, or
  • before (not on) the last day of a rental period if you do not have a fixed-term tenancy

It is best to make this agreement in writing. If your agreement with your subtenant doesn't have a definite ending date, you could lose your right to ever move back in.

Permission from your landlord

You must get your landlord's permission to sublet your place to a specific person. But your landlord cannot refuse without a good reason. For example, if that person caused problems for a landlord in the past, such as damaging property or not paying rent

If your landlord lets you sublet, they are allowed to charge you a fee. The fee can't be more than your landlord had to spend on things like a credit check, and advertising if the landlord found the new tenant.

If your landlord says no

If your landlord won't let you sublet, you can apply to the Landlord and Tenant Board for permission to sublet or to end your tenancy agreement. You may also be able to apply to the Human Rights Tribunal of Ontario.

The next step has more information.

Exceptions

You might not have a right to sublet if you live in:

  • subsidized housing,
  • a superintendent's unit, or
  • housing provided by a school where you work or are a student.

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Reviewed: August 31, 2015

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