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Sub-letting is an arrangement where a tenant leases out a room or space to someone who isn't listed on the lease and while it's legal in Australia, the landlord must give their permission.
In a sublet agreement, a tenant transfers a portion of their rights and obligations in a tenancy agreement to a subtenant. The original tenant is still responsible for upholding the terms of their original tenancy agreement, and the landlord may or may not deal directly with the subtenant.
Most tenants need their landlord's permission before they can sublet all or part of their home. Many tenancy agreements contain a term on this, so you should always check your agreement first. If you do need permission, get it in writing.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
SUBLET AGREEMENTThe Sub-tenant shall not permit any person or persons other than the Sub-tenant named above to occupy the Premises. During the sub-tenancy, if damage occurs or repairs are needed, the sub-tenant should contact the landlord/tenant (choose one) immediately to seek assistance.
A sublease is a process of renting out a property to a third party by a tenant for a time period of the lease contract of the existing tenant. Lease contracts are contracts between a tenant and the owner of the property.
Is it illegal? Absolutely yes, particularly if your lease is subject to the Ontario Residential Tenancies Act and the tenant did so without your consent. In Ontario, residential tenants have the right to sub-rent or assign their rental unit provided but with the consent from their landlord.
Is Subletting Illegal? In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.
Subletting all of your home is only possible if your tenancy is still within the contractual period. However, you should get your landlord's consent. This is because it is possible for your landlord to apply to court to evict you if you sublet the whole property without their consent.
(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.