Whether you’re travelling, temporarily relocating for work, or simply need someone to take over your place for a few months, the rules on subletting and assigning a lease decide whether you can, what consent you need, and what you stay responsible for. Each province sets its own rules; the rest of renting is covered in the renting in Canada hub.
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 moving out permanently and want someone else to take over, you want an assignment, not a sublet.
Sublease and subletting rights 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
- The rest of Ontario’s tenant rules are in the Ontario tenant rights guide
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
- The rest of BC’s tenant rules are in the BC tenant rights guide
Alberta
- You need the landlord's written consent to sublet or assign the rental.
- The landlord can refuse only on reasonable grounds and must give the reasons in writing within 14 days of your request.
- If the landlord doesn't answer within 14 days, you can treat the sublet or assignment as agreed.
- The landlord can't charge a fee for consenting.
- You may still be responsible for the rest of the lease after a sublet or assignment.
More on Alberta’s rules is in the Alberta tenant rights guide.
Quebec
- You give the landlord notice of your intention, with the name and address of the intended sublessee or assignee, and need the landlord's consent.
- The landlord can refuse only for a serious reason, given to you within 15 days of receiving the notice.
- If the landlord doesn't answer within 15 days, the landlord is deemed to have consented.
- When you sublet, you stay responsible for all the obligations of the lease.
A Quebec tenant who sublets can’t charge the subtenant more than the rent paid to the landlord, apart from the cost of services and reasonable charges for furniture, and a sublease for more than 12 months can let the landlord refuse to renew the lease. More is in the Quebec tenant rights guide.
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
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 | Agree on payment by e-transfer or another traceable method, with dates in writing |
| 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 provinces you can sublet with your landlord’s consent, and you remain responsible for rent and damages throughout. A written request, a well-chosen subtenant and written consent protect your tenancy. If you’d rather leave for good, an assignment, or the options on breaking a lease early, may fit better.
Across the provinces covered here, a landlord’s consent is needed and can’t be refused without a reason the province accepts; concerns about a proposed subtenant’s references or rental history are the usual reasons that do count.
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
- Breaking a lease early
- Your first apartment
- Landlord entry rules
- Attribution Rules in Canada: What You Need to Know About Income Splitting (2026)
- Condo Insurance in Canada: What You Need to Know
→ Back to: Personal Finance Guide
Sources
The figures and rules on this page come from these sources, last checked against them on October 6, 2026. How we check facts.
- Government of Alberta: During a tenancy | Alberta.ca
- LégisQuébec: Légis Québec
- Tribunal administratif du logement: Tribunal administratif du logement