Won't be home for Christmas? Think subletting
Subletting can be a good way to save on paying rent if you're going to be away for a couple months, either for the summer, or for a term. With a sublet you let another person move in for a specified amount of time, but will be returning yourself. This is not to be confused with assignment, which is the act of transferring your lease. This means you are no longer the tenant and are not returning to the rental unit.
The Ontario Tenant Protection Act is an Ontario law that protects tenants and landlords. The Act says that a tenant may sublet their unit to another person with consent of the landlord. This means that your landlord must be informed of the sublet, and must be in agreement.
A landlord cannot refuse to allow the sublet for unreasonable or arbitrary reasons. For instance, the landlord cannot refuse a sub-letter because of race, ethnic background or their sources of income (e.g. social assistance). The landlord must also inform you of their decision regarding the potential sublet within 7 days of the request being made. If they refuse or fail to respond within 7 days, the tenant can provide written notice to terminate the tenancy within 30 days.
A landlord is able to charge a fee for allowing the sublet. This fee is designed to cover any expenses a landlord incurs for agreeing to the sublet. For example, this means that if your landlord had to mail documentation approving the sublet or advertise to attract sub-letters, the tenant could be charged this fee. The amounts requested must be reasonable and based on the actual expenses of the landlord not some general “administrative” fee.
It is important to remember that when you sublet, you keep your lease. You remain responsible for the rental unit. If the rent is not paid, or there is damage to the unit during the sublet the landlord may hold you, the tenant, responsible. The same terms of the lease apply. The rent does not change, or any other rules or agreements found in the lease.
When you sublet to a person you become their landlord. It is best to write out a sublet agreement with the conditions of the sublet to ensure that both parties are protected. This should include the rent price, the length of the sublet, and inclusion of utility costs and use of furniture.
Tips for subletting:
Inform your landlord that you are subletting. If you are subletting from someone make sure their landlord has consented to ensure no problems in the future.
Get an agreement in writing, and keep a copy for your records. The document may be necessary if any problems occur.
Remember as a sublet you keep your lease and remain responsible for the rental unit. Ensure you pick responsible subletters.
Most university and college websites have an off-campus housing site. These sites offer valuable information regarding subletting.
This column provides legal information only. If you need legal advice, please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4577.
If you have questions about the Tenant Protection Act, many answers can be found at the Ontario Rental Housing Tribunal website at www.orht.gov.on.ca or you can call Community Legal Services, Faculty of Law, University of Western Ontario at 1-519-661- 3352.
The Ontario Tenant Protection Act is an Ontario law that protects tenants and landlords. The Act says that a tenant may sublet their unit to another person with consent of the landlord. This means that your landlord must be informed of the sublet, and must be in agreement.
A landlord cannot refuse to allow the sublet for unreasonable or arbitrary reasons. For instance, the landlord cannot refuse a sub-letter because of race, ethnic background or their sources of income (e.g. social assistance). The landlord must also inform you of their decision regarding the potential sublet within 7 days of the request being made. If they refuse or fail to respond within 7 days, the tenant can provide written notice to terminate the tenancy within 30 days.
A landlord is able to charge a fee for allowing the sublet. This fee is designed to cover any expenses a landlord incurs for agreeing to the sublet. For example, this means that if your landlord had to mail documentation approving the sublet or advertise to attract sub-letters, the tenant could be charged this fee. The amounts requested must be reasonable and based on the actual expenses of the landlord not some general “administrative” fee.
It is important to remember that when you sublet, you keep your lease. You remain responsible for the rental unit. If the rent is not paid, or there is damage to the unit during the sublet the landlord may hold you, the tenant, responsible. The same terms of the lease apply. The rent does not change, or any other rules or agreements found in the lease.
When you sublet to a person you become their landlord. It is best to write out a sublet agreement with the conditions of the sublet to ensure that both parties are protected. This should include the rent price, the length of the sublet, and inclusion of utility costs and use of furniture.
Tips for subletting:
Inform your landlord that you are subletting. If you are subletting from someone make sure their landlord has consented to ensure no problems in the future.
Get an agreement in writing, and keep a copy for your records. The document may be necessary if any problems occur.
Remember as a sublet you keep your lease and remain responsible for the rental unit. Ensure you pick responsible subletters.
Most university and college websites have an off-campus housing site. These sites offer valuable information regarding subletting.
This column provides legal information only. If you need legal advice, please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4577.
If you have questions about the Tenant Protection Act, many answers can be found at the Ontario Rental Housing Tribunal website at www.orht.gov.on.ca or you can call Community Legal Services, Faculty of Law, University of Western Ontario at 1-519-661- 3352.
