What Happens If a Tenant Sublets? Can a Landlord Evict a Subtenant?

Subletting is a common situation in Ontario’s rental market, especially when tenants need to move temporarily or share rent costs. However, both tenants and subtenants should understand the legal implications before agreeing to a sublet arrangement. If not done properly, subletting can lead to serious consequences — including eviction.

Here’s what you need to know about subletting and subtenant rights in Ontario.

What Is a Subtenant?

A subtenant is someone who rents part or all of a rental unit from the original tenant (the person who signed the lease with the landlord). In a sublet situation, the original tenant remains responsible for the lease — including rent payments, damages, and rule compliance — even if they’re not living in the unit.

That means if the subtenant fails to pay rent or causes damage, the landlord can still hold the original tenant accountable.

What Happens If a Tenant Sublets Without Permission?

In Ontario, you can only sublet with your landlord’s written consent. If a tenant sublets without approval, it’s considered a violation of the lease agreement.

Here’s what can happen:

• The landlord can apply to the Landlord and Tenant Board (LTB) to evict the tenant for unauthorized subletting.
• The subtenant may also be forced to move out, since they do not have a valid agreement with the landlord.
• The tenant could lose their right to continue renting the unit.

So even if a subtenant is paying rent on time, the arrangement can still be terminated if the landlord never approved it.

Can a Landlord Evict a Subtenant?

The answer depends on who is recognized as the “landlord” under the law.

• The original tenant is the landlord for the subtenant.
• The actual property owner or main landlord cannot directly evict a subtenant.

If a subtenant fails to pay rent or breaks rules, only the original tenant can issue a notice or start the eviction process. However, if the main landlord ends the original tenant’s lease (for example, due to non-payment or unauthorized subletting), the subtenant must also leave the unit.

In short: the subtenant’s right to stay depends entirely on the original tenant’s lease.

How to Avoid Problems When Subletting

If you’re thinking about subletting your unit or becoming a subtenant, follow these steps:

• Get written approval – Always get your landlord’s consent before subletting.
• Use a written agreement – Clearly outline rent, dates, and responsibilities.
• Check your lease – Some leases restrict subletting altogether.
• Know who’s responsible – The tenant remains legally responsible for rent and damages.

Final Thoughts: What Happens If a Tenant Sublets? Can a Landlord Evict a Subtenant?

Subletting can work well if all parties communicate and follow the rules — but skipping landlord approval or proper documentation can lead to eviction for both the tenant and subtenant.

If you’re a tenant or subtenant in Ontario, always confirm the legal requirements before making any arrangements. For more information, visit the Landlord and Tenant Board of Ontario.

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