Last Updated January 31, 2024
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What is a Residential Sublease Agreement?
A Residential Sublease Agreement is a contract a tenant uses to allow someone else to occupy their rental space for a portion or the remainder of the original lease.
You can sublet an entire rental property or a portion, such as one room.
A Residential Sublease Agreement is also known as a:
- Sublease contract
- Sublet contract
- Subletting agreement
- Sublease form
Who are the parties to a Residential Sublease Agreement?
A Residential Sublease Agreement is between a sublandlord and subtenant:
- The sublandlord, also known as the immediate landlord or head tenant, is the original tenant of the property and has a tenancy agreement with the landlord
- The subtenant is the new tenant renting from the sublandlord
It’s important to note that although the landlord owns the residential property and rents it to the original tenant, the Sublease Agreement is only a contract between the sublandlord and the subtenant.
Is subleasing legal in Canada?
Yes, subleasing is legal in Canada as long as your Residential Lease Agreement permits it. Each province and territory also has set requirements for subleasing, so check the relevant legislation.
For example, Ontario’s Residential Tenancy Act (RTA) only considers it a sublease arrangement when the sublandlord vacates the rental property. Say you have a friend renting the basement of your rental house. They may be considered a roommate or occupant under the RTA, not a subtenant.
Though verbal agreements are legally binding, they are hard to prove. Having an agreement in writing is best for both the sublandlord and subtenant to have a legally binding contract in place.
Do I need my landlord’s consent for a Residential Sublease Agreement?
Yes, though it is legal to sublease, you’ll likely need written consent from your landlord to do so. You may be violating your lease agreement and provincial tenancy laws if you don’t receive consent.
Each province and territory has regulations on how a landlord can approach a sublease request. For example, the Alberta government requires a landlord’s consent. However, landlords can only refuse with reasonable cause and must give their response within 14 days of receiving the request.
A landlord can reject a sublease request when a subtenant can’t pass an application screening due to bad credit or if there is a capacity limit for the property. If a landlord gives no reasonable cause, tenants can look to their provincial regulations or tenancy boards on how to report or appeal the decision.
How does a Sublease Agreement work?
As a sublandlord, you take on the responsibilities of a landlord but are still liable for your original lease agreement. This is because your subtenant has no contractual relationship with your landlord. Your responsibilities may include:
- Reporting maintenance problems
- Paying rent to the landlord
A subtenant is responsible to the sublandlord, and the sublandlord is accountable to the original landlord. However, as the sublandlord, you are accountable if the subtenant breaches the original agreement.
A Sublease Agreement can’t go beyond the original agreement’s end date. If the subtenant is to stay in the property, they must negotiate with the landlord for a new lease agreement.
How to write a Residential Sublease Agreement
Writing a Sublease Agreement is easy with LawDepot’s questionnaire. Once you select the province where the sublease will be used, include the following information:
- Property type, such as a house, apartment, condo, room, or any other space
- Sublandlord and subtenant details, including names and contact information
- Landlord’s details and consent to prove you have permission to sublet
- Sublease area, meaning if it’s the whole property or a portion of the unit
- Sublease terms, including the type of agreement (e.g., fixed end date, month-to-month, etc.) and the start and end dates
- Rent details like the amount, due date, and collection type (you can also add utilities, damage deposit, and insurance requirements)
- Use of the property, including whether pets, smoking, vaping, and property alterations (e.g., painting) are allowed
- Required notice for check-in inspections, if applicable
- Signing date
When you sublease, you must provide the original lease agreement as it contains all the obligations the subtenant must follow along with the clauses in a Sublease Agreement.
Sublease Agreement versus Assignment
A Sublease Agreement allows you to keep your lease agreement while someone else rents a portion of the space, or the whole property, from you. This can help if you need financial assistance or have temporarily or permanently relocated.
A Lease Assignment Agreement means you’re signing over the original lease agreement to a new tenant, ultimately giving up the rental property and obligations. The new tenant takes on all the rights and responsibilities of the original agreement, and you lose your rights and obligations. A tenant may consider a lease assignment if they need to relocate permanently.