Can I sublet without my landlord's permission?

Generally no — you need the landlord's consent to sublet. The important catch is that in most provinces the landlord cannot unreasonably refuse. In Ontario, for example, the landlord must have a legitimate reason to say no, and can only charge their actual out-of-pocket costs for approving a sublet — not a fee or a rent increase.

What happens if I sublet without permission?

You remain fully responsible to your landlord for the rent and any damage, and an unauthorized sublet can be grounds to end your tenancy. The subtenant's position is also shaky. The safer route is to request consent in writing — if the landlord refuses unreasonably or ignores you, you can apply to your tenancy board.

Do I have rights as a subtenant without a written agreement?

Yes. Even a verbal sublet creates a tenancy relationship, so a subtenant generally still has rights — but with no written agreement, the terms (rent, length, deposit) are very hard to prove. Get everything in writing: who pays what, the dates, and the condition of the unit at move-in.

What's the difference between subletting and assigning a lease?

In a sublet you leave temporarily and come back, remaining responsible to the landlord. In an assignment you transfer the lease entirely and step away for good. Assignment usually ends your liability; subletting does not. Quebec gives especially strong assignment rights.

Can a landlord charge a fee to approve a sublet?

In most provinces a landlord can only recover their reasonable, actual costs of approving a sublet (such as a credit check) — not a flat fee, a 'sublet charge,' or a rent increase. A clause demanding more than that is generally unenforceable.

Home BlogSubletting Without Permission

CanadaOctober 16, 20266 min read

Subletting Without the Landlord's Permission

Can you sublet without asking your landlord? Usually not — but the landlord generally can't unreasonably say no either. Here's how consent really works, what happens if you sublet anyway, and what rights a subtenant has when there's no written agreement.

By the LeasePlain Editorial Team · Checked against Canadian residential-tenancy law per our editorial standards·Last reviewed October 2026

Do You Need Permission?

In almost every province, yes — you need the landlord's consent to sublet. But the key protection for tenants is that the landlord can't unreasonably refuse. In Ontario (RTA s.97), a landlord needs a legitimate reason to say no, and can only recover their actual costs of approving the sublet — not a fee or a rent bump.

So the honest answer to "can I sublet without permission?" is: you're supposed to ask first — but if the landlord refuses without a good reason, you have recourse.

What Happens If You Sublet Anyway

You stay fully responsible to the landlord for rent and any damage the subtenant causes.
An unauthorized sublet can be grounds to end your tenancy.
The subtenant's standing is weaker and disputes get messy fast.

The safe move: ask in writing. If the landlord refuses unreasonably or ignores the request, apply to your tenancy board rather than going ahead without consent.

Subtenant Rights Without a Written Agreement

Even a verbal sublet creates a tenancy, so a subtenant generally still has rights — but without a written agreement, the terms are very hard to prove. If you're the subtenant, protect yourself: get the rent, the dates, the deposit, and the move-in condition in writing, and keep proof of every payment. A subtenant dealing with the head-tenant (not the landlord) still can't be locked out or have their belongings seized without due process.

Sublet vs. Assignment

These are different, and it matters: in a sublet you leave temporarily and intend to return, staying liable to the landlord; in an assignment you transfer the lease for good and typically end your liability. If you're leaving permanently, assignment is usually the better route — see subletting & assignment in Ontario and, in Quebec, the strong lease-assignment rights.