Landlord and Tenant Issues

Can you sublet or assign your apartment in Ontario?

Last updated October 7, 2026.

Yes, with the landlord's consent. A sublet lets you move out for a set time and come back; an assignment hands the rest of your tenancy to someone else for good. A landlord cannot arbitrarily or unreasonably refuse a sublet or a specific assignee once it agrees to assignment in principle, and if it refuses assignment outright or does not answer within seven days, you can end your tenancy instead.

These rules are in Part VI of the Residential Tenancies Act, 2006 (sections 95 to 104), and they apply to most private rentals in Hamilton and across Ontario. Whether you are a tenant planning a move or a landlord deciding on a request, our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal, works on Landlord and Tenant Board (LTB) matters.

How do subletting and assignment work, step by step?

The first step is to work out which arrangement you actually want, because the Act treats them very differently.

1. Decide whether it is a sublet, an assignment or a roommate. A sublet is when you move out, give someone the right to live there until a date before your own term ends, and keep the right to move back (s. 2(2)). An assignment transfers your tenancy to a new person, who becomes the tenant on the same terms (s. 95(8)). If you stay living there and someone moves in with you, the LTB's Interpretation Guideline 21 says that person is a roommate or occupant, not a subtenant, and no landlord consent is needed.
2. Ask the landlord in writing. The standard lease repeats the rule in its section 14: the tenant needs the landlord's permission to assign or sublet, and the landlord cannot arbitrarily or unreasonably withhold consent. Our page on the standard form of lease explains why that section cannot be changed. A written, dated request with the proposed person's details is the clearest record.
3. For an assignment, the landlord has three choices. If you ask generally, the landlord can consent or refuse (s. 95(2)). If you name a specific assignee, the landlord can consent, refuse that person, or refuse assignment altogether (s. 95(3)). Once the landlord has agreed in principle, it cannot arbitrarily or unreasonably refuse a particular assignee (s. 95(5) and (6)).
4. If the landlord refuses outright or stays silent, you can leave. If the landlord refuses consent to any assignment, or does not respond within seven days of your request, you can give a notice of termination within 30 days after the date of the request (s. 95(4)). The termination date must be at least the shorter of your normal notice period and 30 days (s. 96(2)).
5. For a sublet, the landlord must act reasonably. A landlord cannot arbitrarily or unreasonably withhold consent to a sublet to a potential subtenant (s. 97(2)). Guideline 21 says the Board looks at the surrounding circumstances, commercial realities and the economic impact on the landlord, judged by a reasonable person standard, and whether the refusal respects the Human Rights Code.
6. The landlord may charge only its real costs. For giving consent to an assignment or a sublet, a landlord can charge only its reasonable out-of-pocket expenses (s. 95(7), s. 97(3)). Anything more is an illegal charge, covered on our page about deposits and fees landlords can charge.
7. If consent is unreasonably refused, apply to the LTB. A tenant or former tenant can file Form A2 within one year of the refusal (s. 98(1) and (2)). The Board can authorize the sublet or assignment, authorize another one the tenant proposes, end the tenancy, or reduce the rent, and it can set terms (s. 98(3) and (4)). The tenant's filing fee is $53; the A2 is filed by mail, courier, email or at ServiceOntario.
8. After a sublet ends, the subtenant must leave. A subtenant has no right to stay after the subtenancy ends (s. 97(5)). If they stay, the landlord or the tenant can apply to evict them within 60 days after the end of the subtenancy (s. 101).

What changes the answer?

• Whether you have a fixed term. A sublet must end before your own term ends (s. 2(2)). Guideline 21 says that, in the ordinary case, a month-to-month tenancy cannot be sublet, though it notes a sublet of one month less a day is theoretically possible. Assignment, by contrast, is available to periodic and fixed-term tenants alike (s. 95(9)).
• Whether the landlord replied. Silence for seven days after an assignment request counts the same as a refusal for the purpose of ending your tenancy (s. 95(4)(b) and (d)). The 30-day window to give notice runs from the date of the request, not from the end of the seven days.
• The type of housing. The assignment and sublet sections (ss. 95 to 99) do not apply to many social, non-profit and public housing units listed in section 7(1) of the Act, or to some government-supported units in section 6 of O. Reg. 516/06. They also do not apply to a superintendent's premises (s. 95(9), s. 97(6)).
• Who is living there without consent. If a tenant hands over the unit without an approved assignment or sublet, the landlord can apply to end the tenancy and evict both the tenant and the occupant, but only within 60 days of discovering the unauthorized occupancy (s. 100). If the landlord does nothing within those 60 days, the occupant's stay is deemed to be an assignment with consent (s. 104(4)).
• Human Rights Code duties. Guideline 21 says that in deciding whether a refusal was arbitrary or unreasonable, the Board considers whether the landlord's refusal broke the Human Rights Code, which protects equal treatment in housing (Code s. 2(1)).
• Whether the building changes hands. An assignee takes the tenancy on the same terms, and covenants about the unit run with the land (s. 18). If the home is later sold, our page on what happens when a landlord sells the house explains a buyer's limited rights to end a tenancy.

What might this look like? A worked example

For example, imagine a Hamilton tenant named Sam who has a one-year lease on an apartment at $1,600 a month, with eight months left. Sam gets a four-month work placement out of town and wants to come back afterward. A friend, Jordan, wants to stay in the unit while Sam is away.

That is a sublet: Sam is moving out, Jordan's right to stay ends before Sam's term ends, and Sam keeps the right to return. Sam emails the landlord with Jordan's name, employment and references and asks for consent. The landlord replies, "No sublets in this building, ever," and asks for a $400 "sublet fee" if Sam wants to discuss it. The fee is not allowed unless it reflects real out-of-pocket costs, and a blanket refusal may be arbitrary. Sam can file an A2 within a year, and the Board would decide on the evidence whether the refusal was unreasonable. If Jordan moves in anyway without consent, the landlord has 60 days from finding out to apply under section 100.

Change the facts. Sam takes a permanent job in another city instead. Now Sam wants to assign. Sam asks on March 3, and the landlord does not respond by March 10. Sam can give a notice of termination any time up to April 2, which is 30 days after the request, with a termination date at least 30 days after the notice. Sam owes rent until then, and the landlord should apply Sam's last month's rent deposit to the final rental period, as our page on the last month's rent deposit explains.

What mistakes do tenants and landlords make with sublets and assignments?

• Calling an assignment a sublet. If you do not intend to come back, it is not a sublet. Calling it one does not keep you protected, and the landlord can treat the new person as an unauthorized occupant.
• Not asking at all. Without consent, the newcomer is not a subtenant with rights under the Act, and the landlord can apply to evict both of you within 60 days (s. 100). Guideline 21 says an unauthorized subtenant cannot bring an LTB application. Landlords facing this situation can read our article on dealing with unauthorized occupants.
• Charging the subtenant extra. A tenant cannot charge a subtenant more than the lawful rent, or take a fee, premium or key deposit for subletting (s. 134(3)). The subtenant can apply against the tenant for the money (s. 135(3)).
• Missing the 30-day window. A tenant whose assignment request is refused or ignored has only 30 days from the request to give notice. After that, the normal notice rules apply.
• Landlords waiting too long. A landlord who learns of an unauthorized occupant and waits more than 60 days to apply may find the occupant has become the tenant by deemed assignment (s. 104(4)).
• Forgetting continuing liability. In a sublet, the original tenant remains responsible to the landlord for rent and damage during the subtenancy (s. 97(4)). Choose a subtenant carefully and put the dates in writing. If the subtenant brings an animal, the rules on pets and no-pet clauses still apply, and any notice about it comes to you.

What should you do this week?

1. Decide in writing whether you are subletting (coming back), assigning (not coming back) or taking in a roommate (staying).
2. Check your lease end date. If you are month-to-month, a sublet is usually not available; consider assignment instead.
3. Send the landlord a dated written request naming the proposed subtenant or assignee, with the dates and any references.
4. Mark day seven and day 30 from your request on a calendar.
5. If the landlord asks for a fee, ask what out-of-pocket costs it covers, and keep the reply.
6. If consent is refused unreasonably, prepare an A2 application; if assignment is refused outright or ignored, decide whether to give notice within 30 days.
7. Landlords: answer every request in writing within seven days, give reasons for any refusal, and act within 60 days if you discover someone living there without consent.

Many A2 disputes settle once both sides see the rules, and our page on mediation at the Landlord and Tenant Board explains how a mediated agreement works. If you disagree with the Board's order afterward, the deadline to request a review is now 15 days, and our page on what to do if you disagree with an LTB order covers the options. For local details, see our page on the Landlord and Tenant Board for Hamilton rentals.

Frequently asked questions

Can I list my apartment on a short-term rental site while I am away?

Short-term guests who take over the unit while you are gone are not roommates, because you are not living there. Without the landlord's consent to a sublet, the landlord may treat them as unauthorized occupants under section 100, so ask first and check your city's rules.

Does my subtenant pay rent to me or to the landlord?

The Act makes the subtenant liable to the tenant, and the tenant stays liable to the landlord (s. 97(4)). In practice, many tenants collect from the subtenant and pay the landlord, but the tenant carries the risk if the subtenant does not pay.

Can my landlord raise the rent for an assignee?

An assignment continues the tenancy agreement on the same terms (s. 95(8)), so the assignee steps into the existing rent. Later increases follow the usual rules for that tenancy.

What if my landlord says I can leave if I find a replacement?

That is consent to an assignment in principle. Once given, the landlord still decides on the specific person, but cannot refuse that person arbitrarily or unreasonably (s. 95(5) and (6)).

Can a landlord evict a roommate I let move in?

A roommate who lives with you is an occupant, not a tenant, and the Act gives them no separate rights at the LTB (Guideline 21). If you move out and they stay, the landlord can treat them as an unauthorized occupant and apply within 60 days.

Do I lose my last month's rent deposit if I assign?

The deposit is applied to the last rental period of the tenancy (s. 106(10)), and an assignment continues that same tenancy. Agree in writing with the assignee how you will be repaid for it, because the landlord does not owe it back to you separately.

Sources

• Residential Tenancies Act, 2006, ss. 2(2), 7, 18, 95 to 104, 106, 134, 135 (Ontario e-Laws, consolidation from September 21, 2026)
• Interpretation Guideline 21: Landlords, Tenants, Occupants and Residential Tenancies (Landlord and Tenant Board)
• Instructions for Form A2, Application about a Sublet or an Assignment (Landlord and Tenant Board)
• Forms, filing and fees (Landlord and Tenant Board)
• Guide to Ontario's standard lease (Government of Ontario)
• O. Reg. 516/06, General, s. 6 (Ontario e-Laws)
• Human Rights Code, s. 2 (Ontario e-Laws)
• LTB operational update: review deadline shortened to 15 days, July 1, 2026 (Tribunals Ontario)

Facing a landlord-tenant issue? Contact us today for assistance.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.