Category: Landlords

Ontario Assignment & Subletting Guide · Updated for 2026

Assignment and subletting are not the same thing. In an assignment, the tenant transfers the tenancy to another person. In a sublet, the original tenant temporarily gives another person the right to occupy the unit while remaining responsible to the landlord under the tenancy.

Assignment

Under Ontario’s Residential Tenancies Act, a tenant may assign a rental unit with the landlord’s consent. The landlord cannot arbitrarily or unreasonably refuse a proposed assignee after agreeing in principle to assignment. A landlord may generally recover only reasonable out-of-pocket expenses connected with giving consent.

Subletting

A tenant may sublet with the landlord’s consent. The original tenant remains responsible for the tenancy during the sublet. The subtenant’s right to occupy is normally for a period shorter than the remaining tenancy term.

What If Assignment Is Refused?

Ontario law can give a tenant a route to terminate the tenancy in certain assignment-refusal situations. The timing and facts matter, so tenants should use the current LTB guidance rather than assuming they can leave immediately.

Landlord Checklist

• Respond to assignment or sublet requests promptly.
• Use consistent, lawful screening criteria.
• Do not charge arbitrary administrative fees.
• Document consent or refusal in writing.
• Confirm whether the request is truly an assignment or a sublet.

Tenant Checklist

• Make the request in writing.
• Keep copies of the landlord’s response.
• Do not assume a roommate arrangement is the same as a formal sublet.
• Understand that a sublet does not usually release the original tenant from responsibility.

Official Resources

See the Residential Tenancies Act, including the assignment and subletting provisions, and our lease assignment guide.

FAQ

Does a landlord have to accept any proposed assignee?

No. A landlord can assess a proposed assignee, but cannot arbitrarily or unreasonably refuse consent in the circumstances covered by the Act.

Does a sublet end the original tenant’s responsibility?

No. The original tenant generally remains responsible to the landlord during the subtenancy.

General information only: Assignment and sublet disputes can turn on timing and facts. Verify the current legislation and LTB guidance.

Ontario Above-Guideline Increase Guide · Updated for 2026

An Above-Guideline Increase, commonly called an AGI, is a process that can allow a landlord to seek a rent increase above Ontario’s annual guideline in limited circumstances. It is not a blanket right to raise rent whenever operating costs increase.

When an AGI May Be Available

Tribunals Ontario’s L5 instructions identify qualifying categories such as extraordinary increases in municipal taxes and charges, certain security-service costs, and eligible capital expenditures. The application must fit the statutory criteria.

The L5 Application

A landlord seeking an AGI generally applies to the Landlord and Tenant Board using Form L5 and supporting documentation. The LTB determines whether the claimed costs qualify and what increase, if any, is allowed.

Documentation Matters

• Municipal tax bills and comparison records
• Invoices and contracts for eligible capital work
• Proof of payment
• Security-service contracts and invoices where applicable
• Rental-unit information required by the application

Tenants Can Participate

Tenants affected by an AGI application can review the case and participate in the LTB process. An application does not mean every amount claimed by the landlord will automatically be approved.

Do Not Confuse AGI With an N10 Agreement

Ontario also has Form N10 for certain agreements to increase rent above the guideline in exchange for specified capital work or services. It is a different process from an L5 application.

Official Resources

See the current L5 instructions and LTB forms page. Use our Ontario Rent Increase Calculator for guideline planning.

AGI FAQ

Can a landlord simply choose a higher rent because expenses went up?

No. For a rent-controlled tenancy, an above-guideline increase must fit the applicable legal process and grounds.

Does filing an L5 guarantee the increase?

No. The LTB determines whether the claimed costs and requested increase satisfy the rules.

General information only: AGI applications are document-heavy and technical. Verify current LTB instructions and obtain advice for a specific application.

Ontario N8 Notice Guide · Updated for 2026

The N8 is a landlord notice used in specific situations to seek termination of a tenancy at the end of the term. It is not a general notice that can be used simply because a fixed-term lease is ending.

Common N8 Grounds

Tribunals Ontario identifies the N8 for ending a tenancy at the end of the term on specific grounds under the Residential Tenancies Act. Depending on the circumstances, these can include persistent late payment and certain other statutory situations.

A Fixed-Term Lease Does Not Automatically End

In Ontario, a tenant does not generally have to move merely because the stated lease term ends. Many tenancies continue month-to-month unless properly terminated under the Act.

Persistent Late Payment Requires a Record

Where a landlord is relying on persistent late payment, a clear rent ledger is essential. Effective September 21, 2026, the RTA and regulations provide a statutory benchmark: rent paid more than 7 days after it was due on at least 3 occasions within a 6-month period can establish persistent late payment. See OHI’s 2026 Ontario rental-rule changes overview for the broader reform package. Other circumstances may also be relevant. Record the due date, actual payment date and amount for each rental period.

Landlord Checklist

• Confirm that the intended ground actually fits the N8.
• Review the current termination-date rules.
• Prepare an accurate rent ledger where late payment is alleged.
• Keep copies of the notice and proof of service.
• Do not assume the notice itself is an eviction order.

Tenant Checklist

Tenants receiving an N8 should compare the allegations with their payment history, lease and records. If the landlord files an LTB application, the tenant can respond and present evidence.

Official Resources

Download the current N8 and instructions from the Tribunals Ontario forms page. See also our rental arrears record-keeping checklist.

N8 FAQ

Does every fixed-term tenancy end automatically?

No. Ontario tenancies commonly continue after the fixed term unless ended in accordance with the Residential Tenancies Act.

Is one late payment always enough for an N8?

Persistent late payment involves a pattern. The facts and payment history matter.

General information only: N8 timing and grounds are technical. Verify the current form and instructions before serving or responding.

Ontario N7 Notice Guide · Updated for 2026

The N7 is used for certain serious problems in a rental unit or residential complex. Tribunals Ontario distinguishes it from the N5 because the N7 is intended for more serious conduct and specific statutory grounds. It is not a general-purpose notice and should not be used simply because a dispute feels serious.

When an N7 May Be Relevant

Potential N7 situations can involve serious impairment of safety, wilful damage in qualifying circumstances or other conduct specifically covered by the Residential Tenancies Act. The exact legal ground matters.

N7 vs N5

An N5 is commonly associated with interference, damage or overcrowding and may provide an opportunity to correct certain behaviour. An N7 deals with more serious statutory grounds and follows different rules. Landlords should not choose between them based on convenience.

Build a Strong Record

• Record dates, times and locations of incidents.
• Keep photos, video or repair documentation where lawfully obtained.
• Preserve witness statements and written complaints.
• Keep communications with the tenant.
• Retain relevant emergency-service, municipal or security records where available.

What Tenants Should Know

Receiving an N7 does not mean the tenant has already been evicted. The landlord may need to file an application and prove the case before the LTB. Tenants should preserve evidence and obtain legal advice where the allegations are serious.

Official Resources

Always use the current form and instructions from Tribunals Ontario. Our LTB Form Finder can help identify the relevant official notice.

N7 FAQ

Is the N7 interchangeable with the N5?

No. They address different legal grounds and procedures.

Can a landlord change the locks after serving an N7?

No. A notice does not itself authorize self-help eviction. The legal process must be followed.

General information only: Serious-conduct cases are highly fact-specific. Verify the current N7 instructions and consider legal advice before serving or responding to the notice.

Ontario N5 Notice Guide · Updated for 2026

An N5 is an Ontario landlord notice used in certain situations involving substantial interference with another person’s reasonable enjoyment, wilful or negligent damage, or too many occupants in a rental unit. It is not an eviction order by itself. The correct notice, dates, details and follow-up application matter.

What the N5 Is Used For

Tribunals Ontario lists the N5 as the notice for interfering with others, damage or overcrowding. Whether it is the correct form depends on the facts. Some conduct may instead fall under another notice such as N6 or N7.

Details Matter

A notice should clearly identify the conduct relied upon, including dates, what happened and who was affected where applicable. General statements such as “disturbing others” without adequate particulars can create problems later.

The First N5 Can Be Voided in Some Cases

One important feature of the N5 process is that a first notice may provide an opportunity to correct certain behaviour within the statutory period. Repeat conduct can change the process. Because the rules are technical, landlords should use the current N5 instructions rather than relying on memory or an old form.

Evidence to Keep

• Written complaints and incident reports
• Photos or repair invoices for damage
• Emails, texts and warning letters
• Dates and times of disturbances
• Witness information
• Any relevant municipal or police records

Tenant Perspective

Tenants who receive an N5 should read the allegations carefully, preserve their own evidence and understand whether the notice can be voided. A notice does not itself authorize a landlord to change locks or physically remove a tenant.

Official Resources

Use the current forms and instructions on the Tribunals Ontario LTB forms page. See our LTB Form Finder and Landlords & Tenants Resource Centre.

N5 FAQ

Does an N5 automatically evict a tenant?

No. It is a notice. If the tenancy does not end voluntarily and the landlord wants an eviction order, the applicable LTB process must be followed.

Should a landlord document incidents before serving an N5?

Yes. Clear records can be important if the matter proceeds to the LTB.

General information only: N5 cases can be fact-specific and technical. Verify the current form, instructions, service rules and deadlines before acting.

A clean move-out process helps reduce disputes about keys, condition, final payments and forwarding information. Use this checklist alongside the applicable Ontario termination rules.

Before the move-out date

• Confirm the tenancy-ending document and effective date.
• Review the lease for agreed responsibilities.
• Arrange utility account changes where applicable.
• Document the unit’s condition with dated photos or video.
• Identify keys, fobs, garage remotes and parking passes to return.

For tenants

• Remove belongings and garbage. If property is left behind, review the rules for abandoned belongings in Ontario rentals.
• Leave the unit in an appropriate condition.
• Keep evidence of key return.
• Keep rent receipts and payment records.
• Provide a forwarding address when appropriate.

For landlords

• Document possession and key return.
• Record the condition of the unit.
• Keep invoices and evidence relating to any genuine damage claim.
• Do not treat the last-month rent deposit as a general damage deposit.
• Keep tenancy and payment records.

Remember the termination rules

The physical move is only one part of ending a tenancy. The notice, agreement or order that ends the tenancy must comply with applicable Ontario rules. Use current LTB forms and instructions.

Tenant Move-Out Notice Calculator · Move-Out Condition Report · N11 Agreement Guide · Breaking or Assigning a Lease · Move-In Inspection Checklist · Rental Resource Centre

Calculate a Move-Out Notice Date Open the Move-Out Report

General information only: This checklist does not determine whether a tenancy has legally ended or resolve liability for damage, rent or other claims.

When there is a disagreement about unpaid rent, accurate records can be as important as understanding the formal LTB process. This checklist helps both sides organize the underlying payment history.

Keep a rent ledger

• Monthly lawful rent.
• Due date for each rental period.
• Amount and date of each payment received or made.
• Payment method.
• Any outstanding balance.
• Copies of receipts.

Keep tenancy documents together

Retain the lease, lawful rent-increase notices, written agreements affecting rent, correspondence about payments and copies of any LTB notices or applications.

Do not improvise formal notices

Tribunals Ontario publishes the current N4 notice and instructions for non-payment of rent. Notice periods and service rules matter. Use the current official form and instructions rather than an old saved copy or an informal substitute.

For tenants

If you dispute the amount claimed, organize your bank records, receipts, e-transfers and correspondence. A clear payment history makes it easier to identify where the parties’ records differ.

N4 & Non-Payment Guide · Rent Arrears Ledger · N4 Planning Worksheet · Rent Receipt Generator · LTB Form Finder

Open the Rent Arrears Ledger Find the Current LTB Form

General information only: This checklist does not calculate a legal balance or determine whether a notice is valid. Verify amounts and current LTB requirements.

Guests, roommates and additional occupants are often misunderstood in Ontario rentals. A lease term cannot simply erase rights provided by the Residential Tenancies Act.

Can a lease ban guests or roommates?

Ontario’s standard lease guide lists terms that prohibit guests, roommates or additional occupants as examples of terms that may be void because they attempt to take away rights under the Act.

Important exceptions and limits

That does not mean every occupancy arrangement is automatically permitted. Condominium rules, municipal occupancy standards, health and safety requirements, subsidized-housing rules and other property-specific restrictions can matter.

Roommate versus tenant

Whether another occupant is actually a tenant with rights and obligations under a tenancy agreement is a fact-specific question. Adding someone to a lease, assigning a tenancy and simply allowing an occupant to live in the unit are not necessarily the same thing.

Before making a change

• Review the signed tenancy agreement.
• Check applicable condo rules and municipal standards.
• Do not rely on an unenforceable blanket occupancy clause.
• Get legal advice where the status of an occupant affects rent, liability or termination rights.

Breaking or Assigning a Lease · Rental Resource Centre

Browse Landlord & Tenant Resources

General information only: Occupancy and tenancy status are fact-specific. Verify current Ontario law and obtain legal advice where needed.

Who pays utilities in an Ontario rental depends heavily on the tenancy agreement and the services provided at the property. The Ontario standard lease specifically records responsibility for electricity, heat and water.

Start with the lease

Review sections dealing with total rent, services and utilities. The standard lease is designed to identify which services are included in rent and which utilities are the landlord’s or tenant’s responsibility.

Before signing

• Identify which utilities are separately metered.
• Confirm whether heat, electricity and water are included in rent.
• Ask how shared utilities are handled where applicable.
• Clarify responsibility for internet, parking, air conditioning and other services.
• Put agreed terms in writing.

For buyers of rental property

Do not assume the incoming owner can simply change an existing tenant’s utility arrangement. Review the tenancy documentation, lawful rent and included services as part of due diligence.

Changes after the tenancy begins

Changes to services, utilities and rent can have legal consequences. The Ontario standard lease guide notes that changes to the agreement should be agreed to in writing. Obtain current legal guidance before restructuring existing arrangements.

Ontario Standard Lease Guide · Rent Increases & Rent Control · Rental Carrying Cost Calculator · Landlords & Tenants Resource Centre

Calculate Rental Carrying Costs Browse Rental Resources

General information only: Verify the tenancy agreement, Residential Tenancies Act and current LTB guidance for the specific rental.