TOOL / LEGAL · PLATFORM-WIDE
Toronto sublet
rules + template.
A sublet is the temporary replacement of a tenant by another renter, protected under the Residential Tenancies Act. This resource covers the rules and gives you the free tools to sublet legally in Ontario. These rules apply anywhere in Ontario - get the free template and guidance below.
Jump to: Context · Legal rules · Template · FAQ
PLATFORM-WIDE
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01 / CONTEXT: ROOMMATE OR SUBLET?
In many regions “sublet” means what Ontario calls an off-lease roommate arrangement - a common source of confusion in our rental market. Legal Ontario sublets are not roommate contracts: they create a temporary, RTA-protected tenancy that carries responsibilities and protections for the leaseholder, the incoming renter, and the landlord.
Looking for information on off-lease roommates and agreements instead? See the free Roommate Agreement template.
This page is not legal advice. For specific questions about managing sublets, we recommend the Ontario Tenant Rights community.
02 / LEGAL
Rights, risks, and responsibilities.
A legal sublet grants RTA coverage for the temporary renter, but skipping the formal process is a liability. An illegal sublet is a breach of the original lease, which can lead to the landlord applying for eviction against the primary tenant. In these cases, the subletter (who is named as an unauthorized occupant) may have to pay financial penalties as well. A legal sublet also lets the primary tenant bring the subletter to the LTB for breaches like overstaying beyond the end date.
For a rental to be considered a legal sublet it must meet these criteria:
01Offered by an RTA tenant
The person renting out the space must be a tenant under the Residential Tenancies Act - meaning the landlord does not live in the unit or share a kitchen/bathroom with the occupants.
02Defined as temporary
The sublet agreement must have a set end date that occurs before the primary tenant's lease or month-to-month term ends. If you are not coming back, seek a lease assignment, not a sublet.
03Approved by the landlord
The landlord must give written consent for the specific subtenant. While a landlord cannot unreasonably refuse a sublet, the primary tenant must follow the proper request process to stay protected.
03 / PROCESS + FREE TEMPLATE
Get the sublet template.
Subletting lets you retain your housing while away, but you remain liable for the unit. If your subtenant causes damage or misses rent, your landlord will hold you accountable at the LTB. Use these steps to mitigate that risk.
- Get permission. Written landlord consent for the specific sublet dates and candidate, before taking any deposit. Confirm the person's identity.
- Charge legal rent. Never more than you pay your landlord - collect last month's rent and a refundable key deposit only, no damage deposit.
- Sign and inspect. A signed agreement is your proof at the LTB if your subtenant breaches the sublet terms. Do a time-stamped walkthrough when you move out.
Includes deposit handling, sublet end date, payment dates, and permitted-use terms · Informational purposes only - not legal advice.
04 / FAQ
Common sublet questions.
01Sublet vs. assignment - what's the difference?
A sublet is temporary - you intend to return before the lease ends and remain the head tenant, responsible for rent and damages. An assignment is permanent: you transfer your lease to a new person and have no further legal relationship with the unit.
02Can I charge more rent than I currently pay?
No. It is illegal to charge a subtenant more than you pay your landlord, and you cannot charge finder's or administrative fees to profit from a sublet. Doing so can result in an LTB order to refund the subtenant, which becomes public record.
03Do Toronto condo rules affect my sublet?
Yes. Even if the RTA allows a sublet, your condo declaration or bylaws may add restrictions - minimum lease terms, mandatory resident registration, or move-in fees. Always check your condo's status certificate or rules before advertising.
04Does my subtenant sign the Ontario Standard Lease?
No. The subtenant signs a Sublet Agreement with you, not a new lease with the landlord. That agreement should require them to follow all terms of your original lease (the head lease).
05Do these sublet rules apply outside Toronto?
Yes. The Residential Tenancies Act applies province-wide, so these rules and the free template work anywhere in Ontario - including Ottawa, Hamilton, Mississauga, London, and every other Ontario city.
RELATED RESOURCES
Find Toronto sublets · Issue a sublet rent receipt · Ontario Tenant Rights ↗ · Steps to Justice: Sublets ↗
RESIDENTIAL TENANCIES ACT, 2006 (SO 2006, c 17)
s. 97 - Assignment of a tenancy ↗ · s. 98 - Subletting a rental unit ↗ · s. 100 - Effect of subletting / unauthorized occupants ↗ · s. 103 - Consent fees prohibited ↗
LTB CASE LAW - COMPENSATION FROM UNAUTHORIZED OCCUPANTS
Wong v Nath, 2025 ONLTB 40502 ↗ · KKL v SR, 2018 CanLII 113803 (ON LTB) ↗
Full statute: Ontario e-Laws, RTA 2006 · Informational only - not legal advice.