Sublet if you are coming back; assign if you are leaving for good. Both need consent. A sublet to a named subtenant cannot be refused arbitrarily; an assignment can be refused in principle, but not the person once your landlord agrees in principle.
Refused, or ignored for seven days? You can end the tenancy on 30 days’ notice.
What is the difference between a sublet and an assignment?
Whether you intend to return. The LTB’s Guide to the Residential Tenancies Act puts it in one sentence each: an assignment is where “a new person takes the place of the tenant, but all the terms of the rental agreement stay the same,” while a sublet “occurs when a tenant moves out of the rental unit, lets another person live there for a period of time, but returns to live in the unit before the tenancy ends.”
The Board’s tenant brochure is blunter still: “When you assign your unit, you are leaving your unit permanently.” And the A2 instructions describe an assignment as transferring “all of their legal interests in the tenancy agreement to another person” where “the tenant does not intend to return.”
That single fact changes everything downstream — who owes rent, who can be evicted, who has to leave when it ends, and how hard your landlord is allowed to push back.
Sublet or assignment: how do they compare?
| Sublet | Assignment | |
|---|---|---|
| Section | s.97 | ss.95, 96 |
| Do you come back? | Yes, before the tenancy ends | No — you are gone permanently |
| Consent needed? | Yes | Yes |
| Can the landlord refuse in principle? | Consent is required, but s.97(2) bars an arbitrary or unreasonable refusal of a named subtenant | Yes — s.95(2)(b) allows outright refusal of a general request |
| Can they refuse the person you name? | Not arbitrarily or unreasonably — s.97(2) | Not arbitrarily or unreasonably — s.95(5) |
| Who owes the landlord rent? | You do — s.97(4)(a) | The assignee, for the period after — s.95(8)(a) |
| Who owes you? | The subtenant — s.97(4)(b) | Nobody; you are out of the chain |
| What can the landlord charge? | Reasonable out-of-pocket expenses only — s.97(3) | Reasonable out-of-pocket expenses only — s.95(7) |
| What if consent is refused or ignored? | A2 to the Board — s.98 | Notice ending the tenancy under s.96, or an A2 — s.98 |
| What happens at the end | The subtenant has no right to stay — s.97(5) | The assignee is simply the tenant now |
The Board’s summary of both is that “a tenant must have the landlord’s approval for an assignment or a sublet but, in either case, the landlord must have a good reason for refusing.” That is a fair headline, but the statute is more layered than it, and the layers are where the arguments live.
What exactly can my landlord refuse?
Section 95 gives the landlord three options, and which options they get depends on how you ask.
If you make a general request — may I assign this unit to someone? — section 95(2) lets them consent or refuse, full stop. The A2 instructions say so directly: “You cannot apply if the landlord has refused in principle to allow you to assign the rental unit. The Residential Tenancies Act, 2006 allows the landlord to refuse in principle.”
If you make a specific request — may I assign to this named person? — section 95(3) gives them three choices: consent to that person, refuse that person, or refuse the assignment altogether. Refusing the person under clause 95(3)(b) is the one that is policed: section 95(5) provides that a landlord “shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee.”
Section 95(6) closes a loophole. A landlord who has already consented in principle can still refuse a specific assignee — but only subject to section 95(5). They cannot use the second stage to undo the first.
Subletting has no equivalent of the in-principle refusal. Section 97(1) requires consent and section 97(2) says the landlord “shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.” In practice that means naming your proposed subtenant, in writing, is what turns a soft no into a reviewable one.
What if they refuse or simply never answer?
Silence has a deadline attached to it. Section 95(4) gives you the right to end the tenancy under section 96 if you asked to assign and the landlord refused, or “does not respond within seven days after the request is made” — and that applies both to a general request and to a request about a named assignee.
Two clocks then run at once, and missing either costs you the remedy:
- Seven days for them. No response inside seven days of your request counts as a refusal for this purpose.
- Thirty days for you. Section 95(4) requires the termination notice to be given “within 30 days after the date a request is made.” Not 30 days after the refusal — 30 days after the request.
- Then a shortened notice period. Section 96(2) sets the termination date at the lesser of the notice period otherwise required and 30 days. The A2 instructions translate that: at least 28 days for a daily or weekly tenancy, at least 30 days for all others — instead of the usual 60.
That is a genuine escape hatch. A monthly tenant who would normally owe 60 days’ notice can leave on 30 if an assignment request was properly made and refused or ignored.
The alternative is to challenge the refusal. Section 98(1) lets a tenant or former tenant apply for an order that the landlord “arbitrarily or unreasonably withheld consent to the assignment or sublet.” The form is the A2, and on the Board’s current fee schedule it costs a tenant $53 — the same application costs a landlord $201.
Section 98(3) gives the Board four remedies, and they can be combined: order that the assignment or sublet is authorised; authorise a different one you propose; terminate the tenancy; or order an abatement of your rent. Section 98(5) makes an authorised transfer take effect “as if the landlord had consented to it,” and section 98(4) lets the Board set the terms. The limitation period in section 98(2) is one year from the conduct complained of.
What can go wrong afterwards?
Three things, and all of them have 60-day fuses.
An unauthorised occupancy. If you transfer occupancy other than by an authorised assignment or sublet, section 100(1) lets the landlord apply to evict both you and the occupant — but section 100(2) requires the application within 60 days of the landlord discovering it. Section 104(4) then does something remarkable: if nobody acts, and no new tenancy is negotiated inside that window, the occupation “shall be deemed to be an assignment of the rental unit with the consent of the landlord” as of the date it began.
A subtenant who will not leave. Section 97(5) is categorical — “a subtenant has no right to occupy the rental unit after the end of the subtenancy.” Section 101 lets either you or the landlord apply to evict an overholding subtenant within 60 days of the subtenancy ending, and section 102 lets you claim compensation for use and occupation. The A2 instructions confirm the tenant’s route and the 60-day limit.
A subtenant who stops paying. During a sublet you are still the landlord’s tenant. Section 99 hands you the landlord’s toolkit against your subtenant: sections 59 to 69, 87, 89 and 148 apply “as if the tenant were the landlord and the subtenant were the tenant.” You can serve your subtenant an N4. Meanwhile section 97(4)(a) keeps you liable to your own landlord for the rent regardless.
The takeaway
Ask in writing, and ask about a person. A vague request to sublet “sometime” gets you nothing; a written request naming a specific subtenant or assignee starts the seven-day clock and engages the arbitrary-or-unreasonable test. Keep the request, the date and any reply. If the answer is no or nothing, you have a 30-day window to leave on shortened notice and a year to ask the Board whether the refusal was reasonable — and both of those are better options than moving someone in quietly and hoping.
Leaving a unit and not sure whether to sublet, assign or end it?
Send me your lease, your dates and what you are trying to achieve. I will tell you which route the Act actually gives you, what your landlord can and cannot refuse, and — if you are moving within the west end — what your next place is likely to cost. No pitch, no obligation.
connect@jatindua.com · 437-987-1925 · Book a free consultation
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Frequently asked questions
What is the difference between subletting and assignment in Ontario?
A sublet is temporary and an assignment is permanent. The LTB’s guide describes a sublet as the tenant moving out for a period and letting someone else live there, then returning before the tenancy ends, while in an assignment a new person takes the tenant’s place and all terms stay the same. Under section 97(4) a subletting tenant stays liable to the landlord; under section 95(8) an assignee takes over liability for the period after the assignment.
Can my landlord refuse to let me sublet in Ontario?
Only for a good reason once you name someone. Section 97(1) requires the landlord’s consent to a sublet, but section 97(2) says a landlord shall not arbitrarily or unreasonably withhold consent to the sublet to a potential subtenant. Assignment works differently: section 95(2) lets a landlord refuse a general request outright, and only section 95(5) stops an arbitrary or unreasonable refusal of a specific proposed assignee.
What can I do if my landlord will not respond to a sublet or assignment request?
Two things. Section 95(4) lets you end the tenancy on notice under section 96 if the landlord refuses or does not respond within seven days of your request, provided you give that notice within 30 days of making the request. Separately, section 98(1) lets a tenant or former tenant apply to the Board on a Form A2 for an order that consent was arbitrarily or unreasonably withheld, within one year under section 98(2).
Can I charge my subtenant more than my rent in Ontario?
No. Section 134(3)(a) prohibits a tenant from subletting for a rent payable by subtenants that is greater than the rent the landlord lawfully charges for the unit. Section 134(3)(b) also prohibits collecting any fee, premium, commission, bonus, penalty or key deposit for subletting a unit or otherwise parting with possession, and section 135(3) lets a subtenant apply to the Board as if the subtenant were the tenant to get such money back.
Sources
- Residential Tenancies Act, 2006, S.O. 2006, c. 17 (e-Laws). Sections 7, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 134 and 135. Consolidation current from 1 July 2026; accessed 23 August 2026.
- Landlord and Tenant Board — How a Tenant Can End Their Tenancy. The sublet-versus-assignment distinction, the seven-day and 30-day rules, the limit on what a landlord may charge, and the list of tenants with no right to assign.
- Landlord and Tenant Board — Form A2 Instructions. Definitions of sublet and assignment, the rule that a landlord may refuse an assignment in principle, the 28-day and 30-day notice periods, the remedies available, and the 60-day limits on overholding subtenants and unauthorised occupants. Accessed 23 August 2026.
- Landlord and Tenant Board — A Guide to the Residential Tenancies Act. The Board’s plain-language definitions of assignment and sublet and the statement that a landlord must have a good reason for refusing either.
- Landlord and Tenant Board — Forms, filing and fees. The A2 application fee of $53 for tenants and $201 for landlords, and the filing routes for the form. Accessed 23 August 2026.
- Landlord and Tenant Board — Application and hearing process. Hearing formats, evidence deadlines and what happens after an A2 is filed.
Related reading
- The Ontario LTB forms guide — which form does what
- The N11 and cash for keys in Ontario, explained
- Living in Etobicoke — neighbourhood guide
About the author — Jatin Dua, Etobicoke real estate agent
I am Jatin Dua, a licensed Realtor with RE/MAX Quantum Realty, working out of 799 The Queensway in Etobicoke. I write about Ontario tenancy rules because they shape what a property is worth to a buyer, what a seller can deliver on closing and what an investor can actually do with a unit. Everything on this page is checked against the statute, the regulations and the Landlord and Tenant Board’s own published material rather than against what people say online.
Sublets and assignments come across my desk most often when someone is relocating mid-lease and has been told, wrongly, that they are stuck for the full term. Usually they are not — but the route out depends on asking the right question in writing on the right day.
Reach me at connect@jatindua.com or 437-987-1925.