Whether you’re travelling, temporarily relocating for work, or simply need someone to take over your place for a few months, understanding your subletting rights in Canada will protect you from making a costly legal mistake.
Subletting vs. assigning: the key distinction
Before anything else, be clear on what you are doing:
| Sublet | Assignment | |
|---|---|---|
| Duration | Temporary — you intend to return | Permanent — you are leaving for good |
| Lease responsibility | You remain responsible | New tenant takes over |
| Landlord consent | Required in most provinces | Required in most provinces |
| Your liability | Continues during sublet period | Ends (if assignment approved) |
| Rent | Subtenant pays you; you pay landlord | Assignee pays landlord directly |
If you are move out permanently and want someone else to take over, you want an assignment, not a sublet.
Subletting rules by province
Ontario
- Tenants have the right to sublet with landlord’s consent
- Landlord cannot unreasonably withhold consent
- If landlord refuses without valid reason, apply to the LTB — you may be allowed to sublet or receive compensation
- Subletting for more than the lawful rent is illegal
- You remain on the original lease; subtenant must vacate when you return
- Unauthorized subletting (without telling landlord) can be grounds for eviction
British Columbia
- Tenants may sublet or assign with written consent from the landlord
- Landlord cannot unreasonably withhold consent
- If refused, tenant can apply to the Residential Tenancy Branch
- The original tenant remains responsible for the unit throughout a sublet
Alberta
- Subletting requires landlord’s written consent
- The Residential Tenancies Act does not explicitly state that consent cannot be unreasonably withheld, giving landlords somewhat more discretion than in Ontario or BC
- Head tenant remains liable for rent and damage during the sublet
Quebec
- You may sublet or assign with written notice to your landlord
- Landlord has 15 days to refuse — must provide a serious reason
- If the landlord refuses without serious reason, the Tribunal administratif du logement can authorize the sublet
- Charging a subtenant more than you pay is prohibited
Manitoba
- Subletting requires landlord’s consent
- Landlord can refuse if they have reasonable grounds
- Head tenant remains responsible
Saskatchewan
- Written consent of the landlord is required
- Head tenant remains liable throughout the sublet period
How to request subletting permission
Always make your request in writing. A text or email preserves the record if the landlord later denies having received your request.
Your written request should include:
- Your intention to sublet and the proposed dates
- The proposed subtenant’s name and contact information
- A request for their written response by a specific date
Provide enough information about the proposed subtenant (references, employment status) that the landlord can reasonably assess the request.
Finding a subtenant
- List on Facebook Marketplace, Kijiji, or Craigslist as a sublet
- Post in local housing groups or university boards (for student housing)
- Inform friends, colleagues, and neighbours
- Use apps like PadSplit or app-based housing marketplaces
Screen your subtenant as you would expect your landlord to screen you: ask for references, check if they are employed, and trust your instincts.
Protecting yourself as a head tenant
| Risk | Protection |
|---|---|
| Subtenant doesn’t pay rent | Require post-dated cheques or e-transfer authorization upfront |
| Subtenant damages the unit | Take photos before and after; consider a subtenant deposit (permitted in some provinces) |
| Subtenant refuses to leave | Handle through provincial tenancy process — you cannot perform a self-help eviction either |
| Landlord claims you violated the lease | Keep all written permission from your landlord |
What happens if you sublet without permission
Subletting without consent is typically a material lease violation. Your landlord may:
- Serve you with a notice to vacate
- Apply to the tenancy board for eviction
- In some provinces, terminate the tenancy with relatively short notice
If you are in a situation where you need to leave urgently (job relocation, illness), apply to your provincial tenancy board proactively rather than subletting without permission and hoping it goes unnoticed.
Key takeaway
In most Canadian provinces, you have the right to sublet — but you need your landlord’s consent, and you remain responsible for rent and damages throughout. Always make your request in writing, vet your subtenant carefully, and stay on the right side of the law to protect your tenancy.
Subletting rules by province
| Province | Can landlord refuse? | Notice required | Tribunal |
|---|---|---|---|
| Ontario | Must have reasonable grounds to refuse | None specified in RTA | Landlord and Tenant Board (LTB) |
| BC | Must not unreasonably withhold consent | 30 days written notice | Residential Tenancy Branch |
| Alberta | Landlord consent typically required | As per lease | Residential Tenancy Dispute Resolution Service |
| Quebec | Tenant must notify landlord; landlord can object | 1 month before subletting | Tribunal administratif du logement |
| Manitoba | Landlord cannot unreasonably withhold consent | Written notice required | Residential Tenancies Branch |
Key rule across all provinces: A landlord cannot refuse subletting for unreasonable or discriminatory reasons. However, “reasonable” includes concerns about the subtenant’’s creditworthiness or history of property damage.
Frequently asked questions
Can my landlord charge a fee for subletting? In Ontario and BC, landlords cannot charge a subletting fee. Requiring a payment to approve a sublet is illegal. Other provinces vary — check your provincial residential tenancy act.
What is the difference between subletting and an assignment? In a sublet, you remain responsible for the lease — you are still the tenant of record. If the subtenant doesn’’t pay or damages the unit, you are liable. In an assignment, you transfer the entire lease to a new tenant, who assumes all obligations. Most landlords prefer sublets because they maintain recourse against the original tenant.
What if my landlord refuses my subletting request without reason? File a complaint with your provincial residential tenancy tribunal. In Ontario, the LTB can override an unreasonable refusal and authorize the sublet. Document all communications with the landlord — responses must usually be in writing.
Related Reading
- Superficial Loss Rules in Canada: What Investors Need to Know (2026)
- Attribution Rules in Canada: What You Need to Know About Income Splitting (2026)
- Condo Insurance in Canada: What You Need to Know
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