How Do I Handle A Tenant Subletting Without My Permission?

Tenants must obtain their landlord’s consent to sublet. Unauthorized subletting can be challenged with a Form N5 notice and, if unresolved, through the Landlord and Tenant Board (LTB).

Legal Framework

• Residential Tenancies Act (RTA): Tenants may not sublet or assign their lease without the landlord’s consent.
• Lease agreements: Most Ontario leases explicitly state this requirement, giving landlords additional contractual protection.
• No absolute refusal: Landlords cannot unreasonably withhold consent; however, unauthorized subletting remains a breach.

Process for Addressing Unauthorized Subletting

1. Confirm the breach: Review the lease and gather proof (ads, communications, or evidence of unauthorized occupants).
2. Communicate in writing: Notify the tenant of the violation and request they either end the sublet or seek proper consent.
3. Serve formal notice: If they fail to comply, issue a Form N5: Notice to Terminate a Tenancy Early for Unauthorized Subletting or Assignment. The tenant then has 7 days to correct the issue.
4. Escalate if necessary: If the breach continues, apply to the LTB for a hearing. The Board may terminate the tenancy or impose conditions.

Risks of Unauthorized Subletting

• Unvetted occupants: Tenants you haven’t screened could cause damage or disturb your neighbours.
• Insurance gaps: Insurance policies may not cover damage caused by unauthorized tenants.
• Loss of control: Unauthorized arrangements undermine the landlord’s right to know who is occupying their property.

Best Practices for Landlords

• Always document: Keep written records of all communication and notices.
• Act quickly: Address unauthorized subletting as soon as it’s discovered to avoid long-term issues.
• Stay professional: Maintain respectful communication, as conflict can escalate quickly when handled informally.
• Preventive measures: During screening, emphasize sublet rules and include clear lease language.

The Fox Marin Team helps landlords protect their properties and navigate unauthorized subletting disputes, ensuring compliance with Ontario’s RTA and minimizing risk.

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