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Old 10-12-2017, 04:57 PM   #1
momo_uk
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ONTARIO: Can my landlord refuse to let me sublet?

So I’ve been staying in a rented 1br condo in a building in Ontario since 8 months (1 yr lease), and travelling outside Canada for 3 months and want to sublet my apt to someone else for that period but my landlord says 3 months is too little and doesn’t want the hassle of letting someone else stay.

Instead, they want me to keep paying the rent and keep the apt unoccupied OR are giving me the option to leave the apt (break the lease) as they have someone wanting to rent it from November. They “might” refund me the last month rent in that case if it gets rented for November.

I googled the Tenancy stuff in Ontario and read that they can deny consent only for reasonable reasons. I called the Tenancy board up and the CSR said “condos might have different rules sometimes” and that I need to check out my condo rules (idk where). Another knowledgeable person told me they don’t differentiate between apts, condos, etc.

I’m trying to convince my landlord but he is being adamant, I’m not sure what to do.
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Old 10-12-2017, 05:20 PM   #2
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Re: ONTARIO: Can my landlord refuse to let me sublet?

paging h.enry17
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Old 10-12-2017, 05:23 PM   #3
El Diablo
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Re: ONTARIO: Can my landlord refuse to let me sublet?

econ,

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paging h.enry17
Obv OP should just buy his own condo. Probably a much bigger condo than the one he's currently renting.
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Old 10-12-2017, 05:33 PM   #4
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Re: ONTARIO: Can my landlord refuse to let me sublet?

What does your lease say?
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Old 10-12-2017, 05:34 PM   #5
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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What does your lease say?

I don’t have it with me right now but don’t think it mentions anything about it.
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Old 10-12-2017, 05:59 PM   #6
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Re: ONTARIO: Can my landlord refuse to let me sublet?

The stupidity of these housing OP's in OOT never ceases to amaze me
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Old 10-12-2017, 06:28 PM   #7
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Re: ONTARIO: Can my landlord refuse to let me sublet?

does the owner of the apartment get to choose who rents his apartment? hmm.. that's a tough one
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Old 10-12-2017, 06:57 PM   #8
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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does the owner of the apartment get to choose who rents his apartment? hmm.. that's a tough one

Yeah.
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Old 10-12-2017, 06:58 PM   #9
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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Originally Posted by momo_uk View Post
I don’t have it with me right now but don’t think it mentions anything about it.
that would be pretty shocking...it is one of the most standard things put into every lease
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Old 10-12-2017, 07:31 PM   #10
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Re: ONTARIO: Can my landlord refuse to let me sublet?

Probably regardless of what it says in your lease (I am almost certain a no subletting clause would be unenforceable, but ianal) he can't prevent you from subletting without letting you out of your lease.
Quote:
A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant. 2006, c. 17, s. 97 (2).
https://www.ontario.ca/laws/statute/06r17#BK152
If the condo bylaws prohibit subletting, that would probably be a reasonable and non-arbitrary reason to forbid you to sublet. Otherwise, the landlord can't refuse your request, and if he does, you can go to the Tribunal and get out of your lease.

Here is all you need to know. Unfortunately it doesn't include the letter to write to your landlord so you'll need to figure that out yourself: http://www.acto.ca/~actoca/assets/fi...tting_0107.pdf

Last edited by gregorio; 10-12-2017 at 07:37 PM.
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Old 10-12-2017, 07:33 PM   #11
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Re: ONTARIO: Can my landlord refuse to let me sublet?

I think not wanting a short-term renter might be considered reasonable.
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Old 10-12-2017, 07:42 PM   #12
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Re: ONTARIO: Can my landlord refuse to let me sublet?

fml for grunching. So they're offering to let you out of your lease? Perfect! That is the exact remedy you are entitled to if they refuse to let you sublet.
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Refusal or non-response

(4) A tenant may give the landlord a notice of termination under section 96 within 30 days after the date a request is made if,
(a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent;

(b) 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;

(c) 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 under clause (3) (c); or

(d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made. 2006, c. 17, s. 95 (4).
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Old 10-12-2017, 07:44 PM   #13
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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The stupidity of these housing OP's in OOT never ceases to amaze me
Bonus point to OP, though, for clearly stating where he lives.
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Old 10-12-2017, 08:27 PM   #14
momo_uk
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Re: ONTARIO: Can my landlord refuse to let me sublet?

Ok. All sorted.

- Confirmed with a real estate friend that they can’t refuse.

- Went to landlord stating the law and he adamantly denied to sublet it, asking me to leave or pay the 3 months rent but with the apt unoccupied. Asked me to go to court if I wanted to. I told him the lease doesn’t mention that I can’t sublet it, he says it also doesn’t mention that I can. Said he has the right to refuse to sublet. Has had many bad experiences.

- Made him speak to my friend over phone (which he strongly refused to at first) who started off asking him if it was okay for me to have a “guest/friend” come over while I’m away to “water my plants, look after the place, etc.” My landlord goes “oh cmon, he’s obv going to LIVE there” my friend says “I didn’t mention that, etc. It won’t be on paper, official sublet, etc.”

- My landlord gives in unwillingly stating he needs the post dated cheques from me for the 3 months.




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Old 10-12-2017, 08:35 PM   #15
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Re: ONTARIO: Can my landlord refuse to let me sublet?

You should call him back. He is allowed to forbid you to sublet as long as he lets you out of the lease.
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Old 10-12-2017, 08:46 PM   #16
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Re: ONTARIO: Can my landlord refuse to let me sublet?

I didnt even read the post at first but he was willing to let you get out of the lease in a month for nothing? that's the best remedy possible why pull the ******* routine
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Old 10-12-2017, 09:03 PM   #17
momo_uk
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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Originally Posted by gregorio View Post
You should call him back. He is allowed to forbid you to sublet as long as he lets you out of the lease.

He said he would let me out of the lease. But I would be liable for every month’s rent that the apartment stays unrented for in the remainder of my 12 month lease period.
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Old 10-12-2017, 09:04 PM   #18
momo_uk
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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Originally Posted by dkgojackets View Post
I didnt even read the post at first but he was willing to let you get out of the lease in a month for nothing? that's the best remedy possible why pull the ******* routine

No, read above.

He also stated he would refund my “last month’s rent” that I paid upfront in the beginning only if he found a new tenant from November.
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Old 10-12-2017, 09:11 PM   #19
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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Originally Posted by momo_uk View Post
He said he would let me out of the lease. But I would be liable for every month’s rent that the apartment stays unrented for in the remainder of my 12 month lease period.
How is that letting you out of the lease again
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Old 10-12-2017, 09:17 PM   #20
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Re: ONTARIO: Can my landlord refuse to let me sublet?

if you break the lease you are on the hook for the rent until they rent it again, so if they have someone for november then they dont collect double rent. i guess im not understanding the situation
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Old 10-12-2017, 09:32 PM   #21
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Re: ONTARIO: Can my landlord refuse to let me sublet?

This is the rulings for a very similar case in ontario. Show him it.

https://www.canlii.org/en/on/onltb/d...&resultIndex=1

Also worth looking into, though, is whether the condo even allows for short term leases... many do not.
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Old 10-12-2017, 09:39 PM   #22
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Re: ONTARIO: Can my landlord refuse to let me sublet?

OP is a real genius

How do I open this lock?
https://forumserver.twoplustwo.com/3...-lock-1685461/


Tiny white dot-sized creatures on kitchen counter 1 week after using ant-bait in same space?
https://forumserver.twoplustwo.com/3...space-1658304/

Apt lease: Copy or Original while crossing border?
https://forumserver.twoplustwo.com/3...order-1663289/
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Old 10-12-2017, 09:51 PM   #23
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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Originally Posted by El Diablo View Post
econ,



Obv OP should just buy his own condo. Probably a much bigger condo than the one he's currently renting.
I believe Henry was an advocate for renting. Renting big condos, no doubt.
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Old 10-12-2017, 10:04 PM   #24
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Re: ONTARIO: Can my landlord refuse to let me sublet?

Henry would definitely say you should just pay to put your friend up in a hotel for the 3 months.
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Old 10-12-2017, 11:21 PM   #25
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Re: ONTARIO: Can my landlord refuse to let me sublet?

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Henry would definitely say you should just pay to put your friend up in a hotel for the 3 months.
Avoids awkwardness I guess.
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