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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
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:
IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.
_____________________________Witness
_____________________________Sublandlord
_____________________________Subtenant
Consent of Landlord to Sublease Agreement
The undersigned, the landlord in the Master Lease of March 11, 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____
_____________________________Landlord
Written by
Lawrence Dy,
Reviewed by
Jeseth De Vera,
|
Fact checked by
Samantha Oro,
Looking for a Residential Sublease Agreement in French?
Use our Contrat de sous-location résidentielle.
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
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.
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.
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.
Province/ Territory
Landlord consent required?
Key law / guidance
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
Residential Tenancies Act, SNB 1975, c R‑10.2. Statute
Prince Edward Island
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
Residential Tenancies Act, SNWT 2000, c 8. Statute
Nunavut
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.
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:
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.
A Sublease Agreement should include clear details about the rental property, payments, and how the sublease connects to the original lease, such as:
Here’s how to write a Residential Sublease Agreement in nine clear, sequential steps with LawDepot’s template questionnaire:
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:
Mistake
Why it’s a problem
How LawDepot helps
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.
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.
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.
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.
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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