The terms sublet and sublease are often used synonymously, but they have very different meanings. The gist is that a sublet occurs when you find a new renter for the property who will sign a new lease with the landlord, while a sublease occupies the space without signing a lease directly with the landlord.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
Ontario has specific laws governing sublease agreements, outlined in the Residential Tenancies Act (RTA). Key points include: Landlord's Consent: Generally, a landlord must consent to a sublease. However, exceptions exist, such as when the landlord unreasonably withholds consent.
If you sublet the rental unit for a period of time which has now ended and the subtenant has not moved out, you may apply to evict them. You must apply no later than 60 days after the date the subtenancy ended.
Ontario website says Subletting is subject to the consent of the landlord, which cannot be unreasonably or arbitrarily withheld. The sublet must end on a date specified before the end of the tenant's term or period. It also states a tenant in ontario can legally have a roommate.
Tenant's Right to Sublet: In Ontario, tenants have the right to sublet their rental unit; however, they must get written approval from their landlord.
In the Case of Subletting the Apartment When a current tenant opts for subletting, a notarized letter becomes essential. It serves as a legal document that cements the relationship between the original tenant and the subtenant.
Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.
Without the landlord's consent, any sublease might be unenforceable, potentially leading to legal disputes or eviction. Obtaining written permission helps protect all parties involved and ensures the sublease adheres to local laws and regulations.
Signing requirements of a sublease form In a sublease agreement, the parties involved agree to sign three copies: one for the subtenant, one for the original tenant, and one for the landlord. Depending on the nature of its terms, you may decide to have the document witnessed or notarized.