The Legal Max for Sub-Tenancies
Q: What is the maximum amount of time a tenant is legally allowed to sublet their apartment?
A: Under the Residential Tenancies Act, 2006 (the “Act”), subletting refers to the situation in which a tenant vacates their apartment and gives another person (known as the subtenant) the right to occupy their apartment for a term ending on a specified date. This date must be before the end of the tenant’s term or period, and the tenant must have the right to resume occupancy of their apartment after the specified date.
For example, suppose a tenant rents their apartment on a fixed-term tenancy, such as a one-year lease. The maximum amount of time this tenant is legally entitled to sublet their apartment is a term that does not extend beyond their one-year lease. So if the tenant’s lease runs from January 1st to December 31st, this tenant is legally entitled to sublet their apartment for as many consecutive days, weeks or months as they want to, within this one-year term, so long as the specified date on which the sub-tenancy ends is before December 31st.
If the tenant rents their apartment on a month-to-month basis, also known as a periodic tenancy, the maximum amount of time this tenant is legally entitled to sublet their apartment for is a term that does not extend beyond their one month period. So if the tenant’s current period runs from December 1st to 31st, this tenant is legally entitled to sublet their apartment for as many consecutive days or weeks as they want to, within this one month period, so long as the specified date on which the sub-tenancy ends is before December 31st.
Because the Act requires the tenant to have the right to resume occupancy of their apartment after the specified date on which the sub-tenancy ends, the last possible day for this specified date must be the day before the tenant’s term or period ends. In both of the above examples, the last possible day for the specified date would be December 30th because the last day of both the one-year lease and the one month period is December 31st.
Whether a tenant seeking to sublet rents on a fixed-term tenancy or a periodic tenancy, the Act requires them to first obtain their landlord’s consent before subletting their apartment. The Act also prohibits landlords from refusing to let a tenant sublet their apartment unreasonably. If your landlord does not let you sublet, you can apply to the Landlord and Tenant Board.
If you have any questions about this or any other Landlord and Tenant matter, contact your local community legal clinic or the Federation of Metro Tenants’ Associations (FMTA).
***This is legal information and not legal advice. If you need further information or need legal advice, please call our Intake Line at 416-441-1764 ext. 1 or complete our online Intake Form.