Residential Sublease Agreement

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Residential Sublease Agreement

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RESIDENTIAL SUBLEASE

THIS SUBLEASE AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

________________________

(the "Sublandlord")

OF THE FIRST PART

- AND-

________________________

(the "Subtenant")

OF THE SECOND PART

Background
This is an agreement (the "Sublease Agreement") to sublet real property according to the terms specified below.
The provisions of this Sublease Agreement are subject to the terms and restrictions of the master lease (the "Master Lease") dated February 26, 2026 between ________________________ (the "Landlord") and the Sublandlord, with respect to the following house and any improvements on those lands (the "Premises") municipally described as: __________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.

IN CONSIDERATION OF the Sublandlord subletting and the Subtenant renting the Subleased Premises, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

Subleased Premises
The Sublandlord agrees to sublease to the Subtenant all of the Premises (the "Subleased Premises"), for use as a residential Subleased Premises only. Neither the Subleased Premises nor any part of the Subleased Premises will be used at any time during the Term of this Sublease Agreement by the Subtenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
Subject to any restrictions or conditions in the Master Lease, the Subtenant may keep pets in the Subleased Premises.

If this privilege is abused, or if the pets damage the Subleased Premises, or if the pets cause problems or interfere with the use and enjoyment of the Subleased Premises for the other tenants, the Sublandlord may revoke this privilege upon thirty (30) days' notice.
The Subtenant and members of the Subtenant's household will not smoke anywhere in the Subleased Premises nor permit any guests or visitors to smoke in the Subleased Premises.
The Subtenant and members of the Subtenant's household will not vape anywhere in the Subleased Premises nor permit any guests or visitors to vape in the Subleased Premises.
Term
The term (the "Term") of this Sublease Agreement commences at 12:00 noon on February 27, 2026 and ends at 12:00 noon on February 28, 2026.
Rent
The amount of rent and the frequency of payment are the same as under the Master Lease.
The Subtenant will deliver or send the rent to Sublandlord #1 at __________, or at such place as Sublandlord #1 may later designate.
Utilities
All payments for utilities and other charges connected with the Subleased Premises, which are to be paid by the Sublandlord under the Master Lease, will be paid by the Subtenant for the remainder of the Term.
Maintenance
The Subtenant agrees to surrender and deliver to the Sublandlord the Subleased Premises and all furniture and decorations within the Subleased Premises in as good a condition as they were at the beginning of the Term, reasonable wear and tear excepted.
The Subtenant will be liable to the Sublandlord and the Landlord for any damages occurring to the Subleased Premises or the contents of the Subleased Premises or to the building which are done by the Subtenant or the Subtenant's guests.
Alterations and Improvements
The Subtenant will have the same rights to make such alterations and improvements to the Subleased Premises as the Sublandlord is allowed provided the Subtenant gets the prior written consent of both the Landlord and the Sublandlord.
Taxes
The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Subleased Premises and any personal property on or about the Subleased Premises. The Subtenant will avoid the assessment of any late fees or penalties.
Event of Default
The Subtenant will default under this Sublease Agreement if any one or more of the following events (the "Event of Default") occurs:
1. The Subtenant fails to pay the Rent or any amount of it when due or within any grace period, if any.
2. The Subtenant fails to perform any of its obligations under this Sublease Agreement or any applicable obligation under the Master Lease.
3. The Subtenant becomes insolvent, commits an act of bankruptcy, becomes bankrupt, takes the benefit of any legislation that may be in force for bankrupt or insolvent debtors, becomes involved in a voluntary or involuntary winding up, dissolution or liquidation proceeding, or if a receiver will be appointed for the affairs of the Subtenant.
4. The Subtenant abandons the Subleased Premises or any part of the Subleased Premises.
5. The Subtenant uses the Subleased Premises for any unpermitted or illegal purposes.
6. The Subtenant fails to commence, diligently pursue, and complete the Subtenant's work to be performed pursuant to this Sublease Agreement pertaining to the Subleased Premises.
7. The Subleased Premises, or any part of the Subleased Premises, is completely or partially damaged by fire or other casualty that is due to the Subtenant's negligence, wilful act, or that of the Subtenant's employee, family, agent, or guest.
8. Any other event of default provided in the Act.
Remedies
Upon the occurrence of any Event of Default, the Sublandlord has any or all of the following remedies:
1. Terminate the Sublease Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
2. The Sublandlord may, but is not obligated to, perform any obligation of this Sublease Agreement or the Master Lease, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
3. The Sublandlord may reenter the Subleased Premises or any part of the Subleased Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Subleased Premises.
4. Any other remedy provided in the Act.
No reference to or exercise of any specific right or remedy by the Sublandlord will prejudice or preclude the Sublandlord from any other remedy whether allowed at law or in equity or expressly provided for in this Sublease Agreement or the Master Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublandlord may from time to time exercise any one or more of such remedies independently or in combination.
Upon the expiration, termination or cancellation of the Master Lease or this Sublease Agreement, all obligations of the parties under this Sublease Agreement will be extinguished.
Any improvements remaining on the Subleased Premises upon termination will revert to the Sublandlord and will be free of any encumbrance at the time of such reversion.
Governing Law
It is the intention of the parties to this Sublease Agreement that the tenancy created by this Sublease Agreement and the performance under this Sublease Agreement, and all suits and special proceedings under this Sublease Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Alberta, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
If there is a conflict between any provision of this Sublease and the Province of Alberta (the "Act"), the Act will prevail and such provisions of the Sublease Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Sublease Agreement.
If there is a conflict between any provision of this Sublease Agreement and any form of Sublease Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublease Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further any provisions that are required by the prescribed form are incorporated into this Sublease Agreement.
In the event that any of the provisions of this Sublease Agreement will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Sublease Agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
Any alterations and improvements must comply with all applicable construction laws and regulations regarding property improvements.
The Subtenant will ensure that the Subleased Premises remain free and clear of any and all liens arising out of the work performed or materials used in making such improvements to the Subleased Premises.
Subletting
The Subtenant will not assign, transfer or further sublet the Subleased Premises or any part of the Subleased Premises without the prior written consent of the Sublandlord and the Landlord.
Notices
Unless otherwise specifically provided in this Sublease Agreement, all notices from the Subtenant to the Sublandlord will be served or sent to the Sublandlord at the following address(es):
- Sublandlord: ________________________
  Address: ______________________________________________________________
Unless otherwise specifically provided in this Sublease Agreement, all notices from the Sublandlord to the Subtenant will be served or sent to the Subtenant at the following address(es):
- Subtenant: ________________________
  Address: ______________________________________________________________
All notices to be given under this Sublease Agreement will be in writing and will be served personally or sent by certified or registered mail using Canada Post.
Master Lease
This Sublease Agreement incorporates and is subject to the Master Lease, a copy of which is attached to this Sublease Agreement, and which is incorporated as if it were set out in this Sublease Agreement.
General Provisions
In the event of any legal action concerning this Sublease Agreement, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
Subject to the other provisions of this Sublease Agreement, this Sublease Agreement constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this Sublease Agreement are not legally valid and, therefore, are not binding upon either party.
The words "Sublandlord" and "Subtenant" as used in this Sublease Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublease Agreement.
The Sublandlord may enter the Subleased Premises upon 24 hours' notice for any of the following reasons:
1. to inspect the Subleased Premises;
2. to maintain the Subleased Premises; or
3. to make repairs that the Sublandlord is obligated to perform.
The Sublandlord and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Sublease Agreement be construed as creating a partnership or joint venture between the parties to this Sublease Agreement.
If the Subtenant is under the age of 18, the Subtenant's legal guardian or parent guarantees and agrees to perform all of the terms, covenants and conditions of this Sublease Agreement by affixing their signature below.
Each signatory to this Sublease Agreement acknowledges receipt of an executed copy of this Sublease Agreement.
This Sublease Agreement is not binding upon either party unless consented to by the Landlord as provided below.

IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_____________________________ Witness	_____________________________ Sublandlord
_____________________________ Witness	_____________________________ Subtenant

Consent of Landlord to Sublease Agreement

The undersigned, the landlord in the Master Lease of February 26, 2026, hereby consents in writing to the foregoing Sublease Agreement. The Landlord will provide both the Sublandlord and the Subtenant with notice of any breach by the Subtenant under the Master Lease.

Dated: _____ day of__________________, 20____

_____________________________
Witness

_____________________________
Landlord

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Looking for a Residential Sublease Agreement in French?

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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 of it, such as a single room.

A Residential Sublease Agreement is also known as a:

Sublease contract
Sublet contract
Subrent contract
Sublet agreement
Sublease form
Subtenant agreement
Sublet rental contract

Sublease vs. sublet

In most cases, sublease and sublet mean the same thing—a tenant (the sublandlord) rents out their leased property or part of it to another person (the subtenant) while staying bound to the original lease with the landlord. The subtenant pays rent to the sublandlord, but the sublandlord remains responsible to the landlord under the main lease.

Sublease Agreement vs. Lease 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.

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.

Alberta

Yes—landlords can’t refuse without reasonable grounds or charge a fee.

Residential Tenancies Act, RSA 2000, c R‑17 (s.22–23). Alberta RTA / During a Tenancy Guide

British Columbia

Yes—consent can’t be unreasonably withheld in some fixed‑term cases; no consent fee allowed.

Residential Tenancy Act, SBC 2002, c 78 (s.34). BC RTA

Saskatchewan

Yes—must be in writing; can’t be unreasonably refused.

Residential Tenancies Act, 2006, SS 2006, c R‑22.0001 (s.50). Statute

Manitoba

Yes—must notify landlord and use official forms.

Residential Tenancies Act, CCSM c R119. Manitoba RTA

Ontario

Yes—unreasonable refusal or no response can have legal consequences.

Residential Tenancies Act, 2006, SO 2006, c 17 (ss.95–104). Ontario RTA

Quebec

Yes—must notify landlord and obtain consent; refusal only for valid reasons.

Civil Code of Québec, arts. 1870–1873. CCQ (English)

Nova Scotia

Yes—can’t be unreasonably withheld.

Residential Tenancies Act, RSNS 1989, c 401. Statute

New Brunswick

Yes—can’t be unreasonably withheld.

Residential Tenancies Act, SNB 1975, c R‑10.2. Statute

Prince Edward Island

Yes—can’t be unreasonably withheld.

Rental of Residential Property Act, RSPEI 1988, c R‑13. Statute

Newfoundland and Labrador

Yes—restrictions and rights set by statute.

Residential Tenancies Act, 2018, SNL 2018, c R‑14.1. Statute

Yukon

Yes—unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit.

Residential Landlord and Tenant Act, SY 2012, c 20. Statute

Northwest Territories

Yes—must be in writing; can’t be unreasonably refused.

Residential Tenancies Act, SNWT 2000, c 8. Statute

Nunavut

Yes—must be in writing; can’t be unreasonably refused.

Residential Tenancies Act, SNu 2020, c 8. Statute

Since most Canadian provinces require landlord consent, consider using LawDepot’s Landlord's Consent to Sublease to secure your Sublease Agreement.

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 remain in the property, they must negotiate a new lease with the landlord.

Key components to a Sublease Agreement

A Sublease Agreement should include clear details about the rental property, payments, and how the sublease connects to the original lease, such as:

Parties and property: List the sublandlord, subtenant, and sometimes the landlord, along with contact information and property address.
Relationship to the master lease: Reference the original lease and confirm the sublease follows its terms and restrictions.
Term and rent: Specify the start and end dates, rent amount, payment schedule, and who receives payment.
Utilities and deposits: Clarify responsibility for utilities and any security or damage deposits.
Insurance and property use: State whether insurance is required and outline rules on pets, smoking, and alterations.
Maintenance and default: Describe maintenance duties, conditions for returning the property, and what happens if rent isn’t paid or terms are breached.
Legal terms and signatures: Include governing law, notice details, and signature lines for all parties, plus landlord consent if required.

How to write a Residential Sublease Agreement

Here’s how to write a Residential Sublease Agreement in nine clear, sequential steps with LawDepot’s template questionnaire:

Identify what you’re subletting: Specify whether you’re subleasing the entire property or just part of it, such as a single room.
Enter property and party details: Select your province, then add the full property address and the legal names, contact details, and notice addresses for the sublandlord, subtenant, and landlord.
Reference the master lease: Include the original lease date and confirm whether a copy will be attached to the sublease.
Confirm landlord consent: Indicate whether the landlord has approved the sublease or whether written consent is still required.
Set the sublease area and term: Determine what area of the property will be leased. Then choose the tenancy type (fixed term or month‑to‑month) and ensure the dates align with your master lease.
Define rent, deposits, and utilities: State the rent amount, payment method, due date, and who’s responsible for utilities, deposits, and other costs.
Address insurance and property use: Note whether the subtenant needs insurance and establish rules for pets, smoking, vaping, and property alterations.
Plan inspections and add special terms: Decide if you’ll complete a move‑in inspection and include any extra clauses or house rules.
Finalize and sign: Review the completed Sublease Agreement alongside your original lease, confirm compliance with local tenancy laws, and sign the document.

Common mistakes to avoid when creating a Sublease Agreement

Here’s a table outlining common mistakes to avoid when creating a Sublease Agreement, with examples of how LawDepot’s guided questionnaire helps you prevent them:

Not getting written landlord consent

Subletting without clear written consent can breach your master lease and tenancy laws.

Prompts you to confirm whether landlord consent has been received and adds a signature section if needed to create a paper trail.

Not identifying parties clearly

Missing or incorrect names and notice addresses lead to confusion about responsibilities.

Separate sections for sublandlord and subtenant ensure all parties are identified with full legal names and contact details (landlords are omitted from the latter).

Vague property or sublease area description

Failing to specify whether the entire property or only part of it is being sublet can lead to disputes.

Questions ask what’s being sublet (whole unit or portion) and add clear, detailed property descriptions to the agreement.

Sublease term conflicts with master lease

Setting dates that exceed or contradict the original lease can make the sublease invalid.

Guides you to select valid start and end dates and formats the “Term” clause to align with your master lease.

Unclear rent, payments, or utilities

Missing rent details, payment methods, or utility responsibilities cause misunderstandings.

Collects rent amount, due date, payment recipient, and utility details, then builds precise payment and utilities clauses.

Ignoring deposits and insurance

Without clear terms, damage or liability issues may be unresolved.

Adds questions about deposits and insurance coverage so both are addressed in the final agreement.

Skipping property rules (pets, smoking, alterations)

Informal rules lead to disputes about permitted activities or property changes.

Includes options for pets, smoking, vaping, and alterations, ensuring rules are listed in writing.

Not recording the property condition

Without a move‑in record, disagreements about damage may arise later.

Encourages adding a check‑in inspection section that pairs with LawDepot’s Rental Inspection Report. (RINSPR)

Leaving out special terms or local compliance

Missing local‑law requirements or custom arrangements can cause conflicts.

Allows users to add unique clauses and automatically aligns the document with provincial tenancy laws.

Sublease Agreement FAQs

In most cases, you need your landlord’s written consent before signing a Residential Sublease Agreement. Subleasing without approval could breach your lease and violate provincial tenancy laws, even if subleasing itself is generally permitted.

Each province and territory has its own rules for how landlords must handle sublease requests. If your landlord denies consent without cause, you can check with your local tenancy board for guidance on how to challenge or appeal the decision.

Can I get a deposit back if I sublease?

Yes, you can usually get your damage deposit back at the end of a Sublease Agreement if the subtenant pays rent on time, follows the terms of the agreement, and leaves the property in good condition—aside from normal wear and tear.

Your sublease should clearly outline whether a deposit is required, how it’s held, and when it will be returned, while also complying with your province’s residential tenancy laws on deposits and refunds.

What happens if my subtenant doesn't pay rent?

If your subtenant fails to pay rent, you’re still required to pay the full amount to your landlord since your original lease remains active.

However, your Sublease Agreement should include default and remedy clauses that let you take action—such as ending the sublease, reclaiming possession, or requesting repayment—while ensuring any enforcement or eviction process complies with your province’s tenancy laws.

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.

Can the landlord evict a subtenant?

Since the subtenant (original tenant) remains responsible under the master lease, the landlord can rely on the subtenant’s conduct as grounds for terminating the original lease. If the landlord lawfully ends the original lease, the subtenant’s right to occupy typically ends at the same time, unless a new agreement is made with the landlord.

This makes it essential to screen subtenants carefully and secure the landlord’s written consent before finalizing your Sublease Agreement.

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Residential Sublease

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Residential Sublease Agreement

Create Your Free Residential Sublease Agreement

Residential Sublease Agreement

QGTypeOfProperty

Your Residential Sublease Agreement

What is a Residential Sublease Agreement?

Sublease vs. sublet

Sublease Agreement vs. Lease Assignment

Is subleasing legal in Canada?

How does a Sublease Agreement work?

Key components to a Sublease Agreement

How to write a Residential Sublease Agreement

Common mistakes to avoid when creating a Sublease Agreement

Sublease Agreement FAQs

Do I need my landlord's consent for a Residential Sublease Agreement?

Can I get a deposit back if I sublease?

What happens if my subtenant doesn't pay rent?

Do I need my landlord’s consent for a Residential Sublease Agreement?

Can the landlord evict a subtenant?

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