Ontario sublease agreement

What a sublet is in Ontario

A sublet is when you move out of your rental unit for a period and someone else lives there, and then you move back in before your tenancy ends. You stay the tenant. The person living there is your subtenant, not the landlord's tenant.

That last sentence is the whole point. In a sublet, your name stays on the lease, your obligations stay with you, and the landlord still looks to you for the rent and for the condition of the unit. If your subtenant stops paying or damages something, that is your problem to solve.

Sublet or assignment: pick the right one

People use the word sublet for both, and they are different arrangements with different consequences. Choose based on whether you are coming back.

	Sublet	Assignment
You plan to	Return before the tenancy ends	Leave for good
Who the tenant is afterwards	Still you	The new person
Who owes the landlord rent	You	The new tenant
Your liability for damage	Stays with you	Ends when the assignment takes effect
Landlord consent	Required	Required

If you are leaving permanently, an assignment is usually what you want, because it takes you out of the tenancy. If the landlord will not agree to either, your remaining option is to end the tenancy properly. See N9 vs N11 for which notice fits, and how to fill out an N9 form for the notice itself.

Getting the landlord's consent

Ask in writing, be specific, and keep the reply. A verbal yes is worth very little when a dispute starts a year later.

1. Write to the landlord saying you want to sublet, giving the dates you will be away and the date you will return.
2. Give the proposed subtenant's name and contact details, and offer references or an application if you have them.
3. Ask for the answer in writing. Email is fine, and it creates the record you need.
4. If the landlord agrees, get the consent in writing before the subtenant moves anything in.
5. If the landlord refuses, ask for the reason in writing, and speak to a community legal clinic if the refusal seems unreasonable.

A landlord's consent is about the arrangement and the person, not a licence to change your rent or your lease terms. If the reply comes back with new conditions attached, read them carefully before you agree.

What to put in the sublease agreement

Write it down even when the subtenant is a friend, because friendship is exactly when nobody remembers who agreed to what. Cover these points at a minimum.

• The parties. Your full legal name as the tenant, and the subtenant's full legal name.
• The unit. The full address including the unit number, and which parts of it the subtenant may use.
• The dates. The first day and the last day of the sublet, with the last day before the end of your own tenancy.
• Rent. How much, when it is due, and how it is paid. Say plainly whether the subtenant pays you or the landlord.
• Utilities and services. Which bills the subtenant pays and which stay in your name.
• Condition and damage. Attach dated photos of the unit and list any existing damage, so there is no argument later.
• Your belongings. What stays in the unit, where it is stored, and whether the subtenant may use it.
• Rules. Smoking, pets, guests and anything your own lease requires you to pass on.
• Return of keys. How many sets, and when they come back.
• Signatures and the landlord's written consent attached.

You can start from the sublease agreement template on this site, fill it in on screen, and sign it without printing anything. Add signatures with sign PDF.

What you stay responsible for

Everything you were responsible for before. That is the part people underestimate, so it is worth being blunt about it.

• The rent. If the subtenant does not pay you, you still owe the landlord.
• Damage to the unit, whoever caused it.
• Complaints about noise or behaviour.
• Whatever your lease obliges you to do, such as insurance or maintenance duties.
• Getting the unit back at the end of the sublet, including removing a subtenant who will not leave.

Two practical protections. Collect the rent yourself and pay the landlord, rather than leaving the subtenant to pay directly, so you find out about a missed payment immediately. And take a deposit only if you understand what Ontario allows, because the rules on deposits are strict and a prohibited deposit does not become allowed just because both sides agreed to it.

Screening the person who will live in your home

Screen a subtenant the way a landlord would screen you, because for the length of the sublet you are carrying the same risk a landlord carries. A friendly conversation is not a reference check.

• Identity. See government photo identification and note the full legal name for the agreement.
• Ability to pay. Ask how the rent will be paid and from what, whether that is a job, a student loan or savings.
• References. Ask for a previous landlord and actually contact them. One short call tells you more than a form.
• Length of stay. Confirm their dates match yours exactly. A subtenant who needs an extra month is a problem you want to know about now, not in month five.
• Who else will live there. Agree the number of occupants in writing so there is no argument about extra people arriving later.

If something feels wrong, say no. You are not obliged to sublet to the first person who answers, and a difficult subtenant is far harder to remove than to decline.

Handing over and taking the unit back

Treat both ends of the sublet as inspections, with the same care a landlord would use at move in and move out.

1. Walk through the unit together on the first day and take dated photos of every room, including inside appliances and any existing damage.
2. Read the meters and write the numbers into the agreement or an attached note that both of you sign.
3. List and count the keys, fobs and remotes handed over.
4. Show the subtenant where the shut-off valves, the breaker panel and the fire equipment are.
5. Repeat the walk through on the last day, compare against your photos, and settle anything outstanding while you are both standing in the room.
6. Collect every key back, and confirm in writing that the sublet has ended.

Mistakes that cause disputes

• Subletting without written consent. This is the single most common cause of a tenancy ending badly.
• A sublet that runs past the end of your own tenancy. You cannot give away more than you have.
• Charging the subtenant more than the lawful rent for the unit. Ontario limits what a tenant can charge a subtenant, so check before you set a figure.
• No photos of the condition on the day the subtenant moved in.
• Nothing in writing about your belongings, followed by an argument about a missing item.
• Assuming an assignment happened when only a sublet was agreed, so you find you are still the tenant.
• Losing the landlord's consent email. Save it somewhere that is not just your inbox.

Sublet checklist

• Decide whether you are returning. If not, ask about an assignment instead.
• Request consent in writing, with dates and the subtenant's details.
• Get the consent in writing before anyone moves in.
• Sign a written sublease agreement covering the points above.
• Photograph the unit, dated, on the day of handover.
• Read the meters and note the readings.
• Keep collecting receipts for rent, using the Ontario rent receipt or a plain rent receipt template.
• Diarise the end date and confirm the move out a month ahead.

Next step

Open the sublease agreement template, fill it in on screen with your dates and terms, and download a copy for you, the subtenant and the landlord. The file stays in your browser on your own device. If you are still deciding what your lease allows, read the Ontario lease agreement guide first, and lease agreement basics for what a residential lease normally covers. This article is general information, not legal advice. For your own situation, contact the Landlord and Tenant Board or a community legal clinic.