Lease Assignment vs. Subletting in Ontario: Consent and Next Steps

Comparing Ontario lease assignment vs sublet? Start with your plan. An assignment lets a new tenant take over your tenancy. A sublet is for a stay while you are away and plan to come back. They are not the same deal. First, decide if you want to leave for good. Then check how to ask the landlord for consent.

Are you leaving permanently or coming back?

If you want another person to take over your place for the rest of the tenancy, look at transfer. If you plan to return after a temporary absence, look at subletting. Do not call an arrangement a sublet simply because you found someone through a short-term rental listing. Its real structure matters.

The LTB's tenant termination guide explains the distinction. In an transfer, the assignee takes over the agreement, including the existing rent and included services. A subtenant's relationship with the original tenant works differently. Keep those roles clear when discussing who pays whom.

Ask for the correct consent

Put the request in writing and say whether you are asking about transfer in general or proposing a named person. Retain the date you sent it and any reply. The rules distinguish a general refusal to allow transfer from a refusal of a particular new assignee.

For a specific person, provide the information needed for a fair review while respecting their privacy. Ask what reasonable screening details the landlord needs before collecting or forwarding sensitive records. Do not send a stranger's identity documents widely in an attempt to make the proposal look more complete.

What if the landlord refuses transfer?

The LTB guidance describes an early termination route where the landlord refuses transfer or does not reply within seven days. The timing of the N9 notice then matters, including the period for giving it after the transfer request. This is not a rule that lets every tenant stop paying rent seven days after sending an informal message.

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Check the form and guide for the notice period that fits your tenancy. Also separate a refusal of transfer generally from an unreasonable refusal of one person. The LTB guideline on tenants and tenancies provides further context. Get advice on the correct route before treating the tenancy as ended.

Check costs and the transfer details

• The new start and end dates.
• The name of the person taking over or subletting.
• The rent and services included.
• The landlord's reply.
• Any reasonable screening costs and their basis.

Ask for a breakdown of transfer costs rather than accepting an unexplained fee. Next, record the handover details and who will hold keys. An informal agreement between you and a new occupant does not by itself settle the landlord's consent or your own obligations.

Keep the final arrangement clear

Before moving, make sure the documents describe the arrangement you actually agreed to. A permanent transfer should not be left looking like a temporary stay with no end date. Likewise, a sublet should have a clear plan for your return and the period the subtenant will occupy the unit.

Finally, keep the request, reply, agreement and payment records together. If there is a dispute, the sequence of those records helps show what was requested and accepted. Do not rely only on the name used in an advertisement. The correct legal route depends on the tenancy and the real arrangement, not the marketing label.

Where the early termination route applies, the LTB guide says the N9 must be given no more than 30 days after the transfer request. The required notice is at least 30 days, or at least 28 days for a daily or weekly tenancy. Do not confuse the landlord's seven-day reply period with the separate notice you must give to end the tenancy.