Tenant Sublet Without Permission in Ontario

No. Under the Residential Tenancies Act, 2006 (the Act), a tenant may assign a rental unit to another person only with the landlord's consent (section 95(1)). A tenant may sublet only with the landlord's consent as well (section 97(1)). If a tenant simply hands the unit to someone else, that person is an unauthorized occupant in the Act's terms.

The consent rules differ for assignments and sublets. A landlord may refuse an assignment generally, and the tenant may then end the tenancy (sections 95(2)(b), 95(3)(c), 95(4) and 96). A landlord shall not arbitrarily or unreasonably refuse consent to an assignment to a specific potential assignee (section 95(5)), and shall not arbitrarily or unreasonably withhold consent to a sublet to a potential subtenant (section 97(2)). So the first question is always whether the tenant asked. If they asked about a sublet or a specific assignee, you need a real reason for saying no. If they did not ask, you are in the unauthorized occupant route described below.

One exception: the consent rules in sections 95 and 97 do not apply to a tenant of superintendent's premises (sections 95(9) and 97(6)). If the unit is a superintendent's unit, check those subsections before you rely on this guide. The full text is on the Ontario e-Laws page for the Act.

Tenants have their own view of the same rules, covered in the tenant-side guide to subletting and assigning in Ontario.

Many problems start with a request that was ignored or turned down. Here is what the Act sets out for you as the landlord.

• Fees: you may charge a tenant only your reasonable out-of-pocket expenses for considering an assignment or a sublet (sections 95(7) and 97(3)). The Act does not give a general administration fee for this.
• Refusal of an assignment: if you refuse consent, or do not answer within seven days, the tenant may give notice of termination within 30 days after the date the request was made (section 95(4)). That makes a refusal an exit route for the tenant, not a way for you to end the tenancy.
• Tenant application: a tenant may apply to the LTB within one year if the landlord withholds consent. The Board may authorize the sublet, terminate the tenancy, or abate rent (section 98).

The sources reviewed for this guide do not list which reasons count as reasonable and which count as arbitrary. If you are about to refuse, ask the LTB before you do, and keep your reasons in writing.

If a tenant transfers occupancy other than by an authorized assignment or sublet, the landlord may apply to the LTB to terminate the tenancy and evict both the tenant and the occupant (section 100(1)). In order:

1. Write down the date you discovered it. The application must be made no later than 60 days after the landlord discovers the unauthorized occupancy (section 100(2)). The LTB brochure repeats the limit: no later than 60 days after the landlord discovered the occupant.
2. File the application without a notice first. The LTB's guidance on how a landlord can end a tenancy (its table 24, unauthorized occupant) says the landlord may apply without giving the tenant a notice. The form it points to is Form A2, and the application names both the tenant and the occupant. The LTB guidance is here: How a Landlord Can End a Tenancy.
3. Ask for compensation on the same application. A landlord may be entitled to compensation for the use and occupation of the unit by an unauthorized occupant, if the occupant is still in the unit when you apply (sections 100(3) and 103(1)).
4. Be careful what you accept. Taking that compensation does not create a tenancy (section 103(2)).

The form is Form A2 on the Tribunals Ontario site. The LTB's own brochure words the form title slightly differently in different tables, so copy the title from the form itself. This guide could not confirm the A2 instructions or the filing fee on a live page, so check both with the LTB before you file.

Eviction is not your only choice. If an assignment was made without your consent, the Act lets the landlord negotiate a new tenancy agreement with the person (section 104(1)). That can be a sensible outcome when the new occupant is someone you would have approved.

Timing matters here. The Act also treats the assignment as made with consent if the landlord does not act within 60 days (section 104(4)). Read section 104 itself for the exact wording before you rely on it. In plain terms: a landlord who knows about the arrangement and does nothing risks losing the right to complain about it. Note that this is the statute's wording, and it is looser than the common saying that the occupant "becomes a tenant".

The same 60 day pattern applies when a subtenant stays after the subtenancy ends. A landlord can apply on Form A2 within 60 days of the end of the subtenancy (section 101 and the LTB brochure's table 21).

If you are also thinking about ending the tenancy for other reasons, see the guide to notices to end a tenancy in Ontario.

Liability depends on what happened. The table sets out what the Act says in each case.

Situation	Who answers to the landlord
Assignment made with consent	The former tenant is liable for the period before the assignment. The assignee is liable for the period after it (section 95(8)).
Sublet made with consent	The head tenant stays liable to the landlord for breaches during the subtenancy (section 97(4)(a)).
Occupancy handed over without consent	You may apply against both the tenant and the occupant, and ask for compensation for use and occupation (sections 100 and 103).

Between the head tenant and the subtenant, the Act applies the termination sections 59 to 69, 87, 89 and 148 as necessary (section 99). That is mainly the head tenant's tool against their own subtenant.

A tenant may not sublet for more rent than is lawfully charged, or collect fees for subletting (section 134(3)). If you learn a tenant is charging a roommate or subtenant a premium, that conflicts with the Act.

On deposits, the only deposit a landlord may take is a rent deposit, no more than the lesser of one rent period and one month's rent (sections 105 and 106). If the Board makes a damages order and also terminates the tenancy, it sets off the rent deposit and interest (section 89(2)). See the Ontario rent deposit guide for landlords for the deposit side.

Gaps: the official sources reviewed do not describe rent that an unauthorized occupant pays beyond the compensation rule in section 103. They also do not say how the Board treats a guest or roommate who moves in while the named tenant stays. Ask the LTB about those before you act on them.

The usual mistakes are timing and shortcuts.

• Waiting past 60 days. The application limit runs from discovery, so record the date and act.
• Self-help. Changing locks or removing belongings is not a substitute for the LTB process. See the guide on changing locks in Ontario.
• Charging a flat fee for approval. You may charge only reasonable out-of-pocket expenses.
• Refusing without a reason. For a sublet or a specific proposed assignee, arbitrary or unreasonable refusals are what the Act prohibits (sections 95(5) and 97(2)).

For the general questions on this topic, see can my tenant move someone in. A written lease that spells out the consent process also helps you point to a clear agreement later.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.