Subletting
Medium RiskAn arrangement in which the original tenant (the sublandlord) rents their leased premises to a third party (the subtenant) while retaining their obligations under the original lease.
In Plain English
Subletting means you rent out your apartment to someone else while you're still the official tenant on the lease. Maybe you're going abroad for six months or need to leave before your lease ends — subletting lets someone else live there and pay rent while you're away. The catch: you're still responsible to your landlord for everything. If your subtenant doesn't pay or damages the place, that's still your problem. Most leases require landlord approval before subletting, though in many provinces the landlord cannot unreasonably refuse.
Why It Matters for Tenants
Subletting without permission can result in lease termination and eviction. On the flip side, knowing that landlords often cannot unreasonably withhold consent can protect you if you genuinely need to sublet. Understanding the difference between subletting and assignment (transferring the whole lease) also matters.
Risk Level
Subletting is medium risk because the rules vary significantly by jurisdiction. In some provinces, tenants have strong rights to sublet with landlord approval. In others, leases can validly prohibit subletting entirely. Getting it wrong — subletting without permission where it's not allowed — can cost you your tenancy.
Example Clause
Tenant shall not sublet the premises or any part thereof, or assign this lease, without the prior written consent of the Landlord. Such consent shall not be unreasonably withheld. Any unauthorized sublet or assignment shall constitute grounds for termination of this lease.
This is a representative example for educational purposes. Actual lease language varies.
Common Mistakes Tenants Make
- Subletting without landlord consent when the lease or local law requires it
- Not getting the sublease agreement in writing, leaving you exposed if the subtenant causes problems
- Confusing subletting (you remain on the lease) with lease assignment (you transfer the lease entirely)
- Forgetting that as the original tenant, you remain fully liable even while subletting
Provincial and State Variations
In Ontario, landlords cannot arbitrarily refuse subletting — they can only refuse for specific valid reasons. In BC, tenants generally have the right to sublet with landlord consent. In Alberta, lease terms govern subletting. In the US, rights vary widely: New York City has robust subletting protections; most other US cities follow the lease terms more strictly.