With the consent of the landlord, a tenant may assign a rental unit to another person.

If the tenant asks the landlord, they may consent or refuse consent may also:

• consent to the assignment of the potential assignee

• refuse consent to the potential assignee

  • landlord cannot arbitrarily or unreasonably refuse consent for this

• refuse consent to the assignment of the unit

A tenant may give the landlord notice of termination within 30 days after the date a request is made if

• the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent

• the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made

• the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment

• the tenant asks the landlord to consent to an assignment of the unit to a potential assignee and the landlord doesn't respond in seven days

A landlord may only charge a tenant only for the landlord's reasonable out-of-pocket expenses incurred in giving consent to an assignment to a potential assignee

If the tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and,

• the assignee is liable to the landlord for any breach of the tenants obligations and may enforce against the landlord any of the landlord obligations under the tenancy agreement if the breach or obligations relates to the the period after the assignment, whether or not the breach or obligation also related to the period before the assignment

• the former tenant is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any obligations if the breach or obligation relates to the period before the assignment

• if the former tenant has started proceeding before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding

This does not apply to working housing*

Subletting

A tenant may sublet with the consent of the landlord

• a landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant

  • a tenant or former tenant may apply to the board for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant

    • within one year after the alleged occurrence

• may only charge reasonable out-of-pocket expenses for giving consent

If a tenant has sublet a rental unit to another person:

• the tenant remains entitled to benefits and is liable to the landlord for the breach, of the tenant’s obligations under the tenancy agreement

• the subtenant is entitled to benefits and is liable to the tenant for the breaches, of the subtenants obligations under the subletting agreement

  • a subtenant has no right to occupy the rental unit after the end of the subtenancy

If the board determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application, the board may do one or more of the following:

1. the order that the assignment or sublet is authorized

2. where appropriate, by order authorize another assignment or sublet proposed by the tenant

3. the order that the tenancy be terminated

4. order an abatement of the tenant's or former tenants' rent

Ont. RTA s.95, 97