Ontario Assignment and Sublet Checklist | Sam Kamra

Identify whether the request is an assignment or sublet

The direct answer is that an Ontario landlord should first determine whether the tenant wants to leave permanently, leave temporarily and return, or simply share the unit with another occupant. An assignment transfers the tenant's interest in the tenancy to another person. In a sublet, the tenant retains the tenancy and the right to return after a defined period. Consent rules and continuing responsibilities differ, so the label should match the real arrangement.

Ask for a dated written request describing the proposed person's name, intended start date, expected end date if temporary, and whether the current tenant will return. Compare it with the signed lease, rent status, parking, keys and any condominium requirements. Sam Kamra recommends resolving the transaction type before requesting personal information or discussing approval.

Apply the assignment consent rules in order

Section 95 of Ontario's Residential Tenancies Act allows a tenant to assign with the landlord's consent. When the tenant makes a general request, the landlord may consent or refuse assignment in principle. If the landlord consents in principle and the tenant proposes a specific assignee, the landlord cannot arbitrarily or unreasonably refuse that person.

Use the same lawful, relevant assessment standards that would be used for a new tenancy, and comply with the Ontario Human Rights Code. Record the documents requested, review steps, questions, findings and decision. Avoid assumptions based on protected personal characteristics or an undisclosed preference for ending the tenancy. The Act permits only reasonable out-of-pocket expenses incurred in giving consent to an assignment, so keep receipts and do not turn the process into an application fee or profit centre.

Handle a sublet as a temporary arrangement

Section 97 says a tenant may sublet with the landlord's consent, which cannot be arbitrarily or unreasonably withheld from a proposed subtenant. The original tenant remains entitled to the tenancy's benefits and remains liable to the landlord for breaches during the subtenancy. The subtenant deals with the original tenant under the sublet rather than replacing that tenant as the landlord's tenant.

Confirm the start and end dates, the original tenant's return, rent-payment path, contact information, keys, insurance expectations and maintenance reporting. A lawful sublet must fit the remaining tenancy period and preserve the tenant's right to resume occupancy. A landlord may charge only reasonable out-of-pocket expenses incurred in giving consent. Sam Kamra's practical property guidance can help owners organize operational questions, while additional GTA real-estate resources support the broader rental file.

Give a clear, dated decision and preserve evidence

Respond in writing and identify whether the decision concerns assignment in principle, a proposed assignee or a proposed subtenant. If more information is genuinely needed, request it promptly and explain how it relates to the review. If refusing a particular person, preserve objective reasons and the evidence relied on. Do not rely on a blanket no-assignment clause that conflicts with the Act.

The LTB's A2 instructions explain that a tenant may apply when consent to a particular assignment or sublet was arbitrarily or unreasonably withheld. The Board may authorize the arrangement, end the tenancy or order a rent abatement, depending on the application and findings. A refusal in principle to a general assignment request follows a different path: the tenant may have a right to give an early termination notice within the statutory timeline. Confirm current forms and dates before acting.

Act promptly when occupancy appears unauthorized

Do not assume every guest or roommate is an unauthorized transfer. Gather facts lawfully: who retains possession, who pays rent, whether the tenant intends to return, and what consent was requested or granted. Communicate with the named tenant, preserve messages and payment records, and avoid changing locks, removing belongings or confronting occupants outside the legal process.

The A2 instructions state that a landlord alleging an unauthorized transfer must apply no later than 60 days after discovering the unauthorized occupant. Because classification and timing can determine the remedy, obtain legal advice immediately rather than waiting for the next rent cycle. The Ontario standard-lease signing checklist supports the underlying file. CB Herald's discussion of Sam Kamra and public LTB data illustrates evidence-based review, while Barchart's report on the RealEstateBuyer.ca launch covers Sam Kamra's broader property-services work. The conclusion is practical: classify, assess consistently, document and calendar. Use current legal advice for the specific tenancy before refusing consent or filing an application.

Questions and answers

Ontario Rental Assignments and Sublets FAQ

What is the difference between an assignment and a sublet in Ontario?

An assignment transfers the tenant's interest in the tenancy to another person. A sublet is temporary: the original tenant retains the tenancy and intends to resume occupancy after the sublet period.

Can an Ontario landlord refuse an assignment?

A landlord may refuse a general request to assign in principle. After consenting in principle, the landlord cannot arbitrarily or unreasonably refuse a proposed assignee.

Can an Ontario landlord refuse a proposed subtenant?

Consent is required, but the Residential Tenancies Act says a landlord cannot arbitrarily or unreasonably withhold consent to the proposed subtenant.

Can a landlord charge a fee for approving an assignment or sublet?

The Act limits the landlord to reasonable out-of-pocket expenses incurred in giving consent. Keep evidence of the actual cost and avoid an automatic or profit-making fee.

How long does a landlord have to apply about an unauthorized occupant?

Current A2 instructions say the landlord must apply no later than 60 days after discovering the unauthorized occupant. Get prompt legal advice because the facts and discovery date matter.

Authoritative sources

This article provides general information, not legal, tax, mortgage or financial advice. Confirm figures and eligibility with the appropriate professional and current official sources.