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Subletting Rules in Canada: What Tenants Need to Know

Updated

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:

  1. Your intention to sublet and the proposed dates
  2. The proposed subtenant’s name and contact information
  3. 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.