To legally sublet your apartment in London, Ontario, you must obtain your landlord’s written consent, which they cannot arbitrarily refuse. If they unreasonably say no, you can file an A2 Application with the Landlord and Tenant Board (LTB), which currently has a filing fee of $48 CAD online.
Life can be unpredictable, and sometimes you need to leave your rental unit temporarily for work, family reasons, or a summer away from studying at Western University or Fanshawe College. Subletting allows you to move out for a specific period while a subtenant pays the rent, with the clear understanding that you will eventually return. Navigating this process in London requires following the rules set by the Residential Tenancies Act (RTA) to ensure you do not face an unexpected eviction. This guide carefully explains how to properly handle a sublet in our city.
Step-by-Step Process in London, Ontario
Whether your apartment is in a high-rise downtown, a charming duplex in Old South, or near the university campuses, the legal steps to sublet remain the exact same across Ontario. The key is clear communication and proper documentation.
Step 1: Understand the Difference Between Subletting and Assignment
Before you begin, you must clarify your intentions. A sublet means you are leaving temporarily and will move back in before your lease ends. If you want to leave permanently and transfer your lease to someone else, that is called an assignment. The rules are slightly different for each, but both absolutely require the landlord’s permission. 🗒
Step 2: Find a Suitable Subtenant
You are responsible for finding a reliable person to take over the space. It is highly recommended to thoroughly screen them, ask for references, and perhaps run a basic credit check. Remember, if your subtenant damages the property or stops paying rent, the landlord will ultimately come after you, as you are still the primary leaseholder.
Step 3: Request Consent in Writing
Once you have found someone, you must formally ask your landlord for permission to sublet. Send an email or a drafted letter providing the proposed subtenant’s name, the exact start date, and the end date of the sublet. Under Ontario law, a landlord cannot arbitrarily or unreasonably refuse a sublet request.
Step 4: Draft a Sublet Agreement
If the landlord agrees, you should draft a clear sublet agreement between yourself and the subtenant. This document should outline the monthly rent amount, utility responsibilities, and specific rules of the property. You must give the subtenant a copy of your original lease so they know the overarching rules of the building. 📝
Step 5: Apply to the LTB if Refused
If your landlord ignores your request or refuses without a valid, reasonable excuse, you have options. You can apply to the Landlord and Tenant Board using a Form A2. An adjudicator will review the case and can legally authorize the sublet if they determine the landlord’s refusal was unfair.
How Much Does it Cost in London?
Subletting your apartment should generally not be an expensive endeavour, but there are a few administrative costs to keep in mind, especially if a legal dispute arises.
| Type of Expense | Estimated Cost (CAD) |
|---|---|
| Landlord’s Admin Fee | $0 – $50 (Must only cover exact out-of-pocket expenses) |
| Credit Check (Optional) | $20 – $30 (Paid by you to screen the subtenant) |
| LTB A2 Application (Online) | $48 (If landlord refuses consent) |
| LTB A2 Application (Paper) | $53 (If filed by mail) |
| Paralegal Consultation | $150 – $300 (If you need help drafting agreements) |
It is important to note that it is illegal in Ontario to charge a subtenant more rent than you currently pay the landlord. You also cannot legally charge them a “sublet fee” or ask for a security deposit beyond the standard last month’s rent. 💵
How Long Does the Process Take?
Finding a subtenant in the bustling London rental market can take anywhere from a few days to a few weeks, depending on the time of year.
Once you formally submit your written request, a reasonable timeframe for a landlord to respond is typically within 7 to 14 days. If they refuse and you must file an application with the LTB, be prepared for a substantial wait. Given current tribunal backlogs, getting a hearing date can take 4 to 8 months, which often outlasts the intended sublet period itself.
Frequently Asked Questions (FAQ)
Can I sublet just one room in my London apartment?
If you still live in the apartment and are simply renting out a spare bedroom, this is legally considered having a roommate or paying guest, not a sublet. You generally do not need the landlord’s permission to have a roommate under the RTA.
What happens if my subtenant causes damage?
As the primary tenant, you are ultimately responsible to the landlord for any unpaid rent or damages caused by the subtenant. You would have to compensate the landlord and then separately pursue the subtenant in Small Claims Court to recover your losses.
Can my landlord charge me a fee to approve the sublet?
Under the RTA, landlords are only permitted to charge for their reasonable, out-of-pocket expenses incurred during the approval process, such as the cost of a credit check. They cannot charge arbitrary administrative or penalty fees.
Can I list my sublet on Airbnb?
Using your rental unit for short-term rentals like Airbnb without the landlord’s explicit consent is highly risky and often leads to eviction in Ontario. It usually violates the primary lease terms and local municipal zoning bylaws.
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