OHI | Can My Tenant? · Ontario rental question #28
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Last verified: September 15, 2026
Quick answer: Generally, no. A tenant needs the landlord’s consent to sublet the rental unit. However, a landlord must not arbitrarily or unreasonably withhold consent to a specific proposed subtenant. Before acting, both sides should confirm that the arrangement is actually a legal sublet rather than a roommate situation, assignment or unauthorized transfer.
Sections 97 and 98 of the RTA govern subletting. A sublet usually occurs when the tenant gives another person possession of the unit for a period shorter than the remaining tenancy term and retains a right to resume occupancy.
If the original tenant continues living in the unit with a roommate, that is not normally a sublet of the rental unit. Labels used in an advertisement do not decide the issue.
Can the landlord refuse any sublet?
The RTA’s treatment of sublet consent is different from general assignment consent. A landlord cannot arbitrarily or unreasonably withhold consent to a particular proposed subtenant, and the tenant may apply to the LTB over an improper refusal.
Can the landlord charge a fee?
The landlord may generally recover reasonable out-of-pocket expenses connected with giving consent, but should not use the request as a source of profit.
What if an unauthorized person takes possession?
If the tenant transfers occupancy without required consent, the landlord may have remedies. The exact route and timing depend on whether the tenant has left, whether the occupant remains and what arrangement actually exists.
What should the tenant do?
- Request consent in writing before transferring possession.
- Provide reasonable screening information and keep the landlord’s response.
- Use a written sublet agreement and keep the sublet shorter than the head tenancy term.
- Do not advertise or operate a short-term rental without checking the lease, condo rules and local bylaws.
What should the landlord do?
- Confirm whether the tenant will leave temporarily and return.
- Respond to a specific candidate with consistent, lawful reasons.
- Document reasonable screening expenses and avoid arbitrary fees.
- Get timely advice if possession has already been transferred without consent.
Example
A tenant leaves for three months, gives another person exclusive possession and plans to return before the fixed term ends. That may be a sublet requiring consent. Taking in a roommate while remaining in the unit is different.
Related OHI guides and tools
Official sources
- Ontario Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms, instructions and filing information
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Some rentals are exempt from all or part of the RTA. Outcomes depend on the facts and evidence. Rules and forms can change; verify current information with Tribunals Ontario or obtain advice from a licensed Ontario legal professional.