Subletting, what is it?
What if a tenant says I want to sublet my unit?. What are a landlord’s rights?.
The RTA says a landlord can’t reasonably refuse a tenants permission to sublet the property if there is more than six months left on the fixed term of the tenancy agreement. The key point here is the fixed term.
First let’s look at what a sublet is. This is often missunderstood by tenants. To sublet your apartment means that you, the tenant vacate the unit and someone else resides in the unit until you return to occupy the unit. When the tenant sublets the unit they continue to be the tenant who pays rent to the landlord and the other party becomes a sub tenant of the current tenant. The original tenant is still responsible for all activities at the property while it is subletted.
What subletting is not. It is not two people renting a two bedroom unit and one party vacating the unit and the other party having a different roommate renting the second bedroom. This would be an end to the current tenancy and the two new people renting the property under a new contract.
A tenant wishing to sublett must provide and the landlord can ask for details to confirm there is a legitimate reason for the sublett. A job transfer to another location would be considered a valid reason, and the landlord could request the documentation from the employer to verify this situation.
If the tenant is granted permission to have another party rent the second bedroom then there is no official process to remove that person from the property when the other party returns. When the one party subletts they agree to a subcontract with the subtenant for a term shorter than the current fixed term.
If the current tenancy is on a month to month tenancy there is no requirement for the landlord to approve the tenants sublett the unit. The tenants would in this case terminate the agreement and end the tenancy and the landlord would seek a new tenant for the property. If the fixed term has less than six months on the term the landlord is not required to approve a sublett to a tenant, as in this situation the landlord could again seek a new tenant to mitigate their loss.
Understanding your rights as a landlord is important when tenants inquire or ask about changing the terms of their agreement.
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