Is Subletting Legal in Canada

In Ontario, residential tenants have the right to sublet or transfer their rental unit, provided their landlord agrees. Note that assignment and subletting do not refer to the same thing. This would be a direct violation of the RTA, which means that their action can be characterized as an illegal act. Well, the answer is not as simple as we would all like. Is it illegal? Absolutely yes, especially if your lease is subject to Ontario`s Residential Tenancies Act and the tenant did so without your consent. However, as a landlord, you have the option to face legal action if a condominium authority determines that you are violating their short-term tenancy rules. Even worse, you have to pay the commission`s legal fees. If the landlord refuses to sublet, the original tenant must receive written proof of the refusal within 14 days. If the landlord doesn`t respond to a sublease request within 14 days, the tenant can legally assume they accept the request. The landlord cannot charge the tenant a fee for agreeing to sublet. If you are unable to sublet or transfer your apartment, you will continue to be responsible for paying rent for the duration of the lease, even if you no longer live in the apartment. The landlord can take legal action against you if you don`t pay the monthly rent at the end of the lease, and you could be held liable not only for unpaid rent, but also for attorney`s fees incurred by the landlord. Besides, what happens if you sublet illegally? They could be evicted and owe the subtenant three times as much damage for each overload.

You may also be held liable to your landlord for the rest of the rental price and the landlord`s legal fees. A tenant who sublets or abandons the rental space may be responsible for the rest of the lease and choose to seek legal advice. For tenants who want to break a lease, know that you are responsible for all rents due at the end of your lease. For this reason, subletting or assigning your lease is a good idea, as it reduces your liability for the rent owed. As a landlord, your goal is usually to know and understand your rights and obligations regarding the issue of new tenants taking over a lease. And before going to extreme measures, try to find a solution that works for everyone, especially if the tenant can`t afford to live in your property and needs help identifying a new tenant to take over the lease. This will save you the time you have to spend preparing costly LTB applications and related legal fees. A tenant must have written permission from their landlord before subletting or assigning their tenancy. A landlord cannot unreasonably refuse to sublet or assign a fixed-term lease if the term is six months or more.

First, it is important to note that subsection 2(2) of the Residential Rent Act (RTA), which deals with subletting, is limited to tenants who rent their unit for a short period of time. Owners of the building in question or commercial tenants who sublet their units are not affected by this law. A tenant who sublets or transfers the leased premises may be responsible for the remainder of the lease and choose to seek legal advice. For tenants who want to break a lease, know that you are responsible for the entire rent due to the end of your lease. For this reason, subletting or assigning your lease is a good idea, as it reduces your liability for the rent owed. In the event that your original tenant does not resolve the situation within the timeframe you specify, the next step should be to review the legal steps available to you. This may include contacting the LTB to end the tenancy, as the tenant may no longer be allowed to stay on your property. If you intentionally allowed the landlord to sublet the tenancy with full knowledge of the condominium authority`s existing rules against short-term rentals, you should expect legal action. We are often asked, “A tenant sublets my property; What must I do? § 100 (1) If a tenant transfers occupancy of a rental unit to a person otherwise than by an approved assignment under section 95 or a sublease approved under section 97, the landlord may submit an order to the board of directors for the termination of the lease and for the eviction of the tenant and the person to whom occupancy of the rental unit was transferred, solicit. 2006, c. 17, p.

100 (1). Another section of the RTA that makes this illegal for the tenant is subsection 134(3), which prohibits tenants or persons acting on their behalf from subletting a rental unit and charging more than the rent legally charged by the landlord. Deposits, commissions, fees, bonuses, penalties and other related fees are also prohibited by law. A tenant must get written permission from their landlord before subletting or terminating their tenancy. A landlord cannot unreasonably refuse to sublet or assign a fixed-term lease if the term is six months or more. You should be careful to sublet your apartment because there are risks and the risks are serious. Some of the disadvantages of subletting are: The tenant you sublet can steal your belongings. Many subtenants intentionally damage the apartment, which you often have to pay.

(5) If an order is placed in accordance with Article 3 (1) or (2), the assignment or sublease shall have the same legal effect as if the owner had accepted it. 2006, c. 17, p. 98 (5). When awarding a lease, the new tenant assumes all legal rights and obligations for the apartment and can bring a direct action against the owner. Before subletting, the original tenant must obtain the landlord`s consent to sublet the property. The landlord can only refuse consent to sublet if there are valid reasons for the refusal.