October 10, 2021
The difference between an order and a sublease is that in case of an order, the original tenant moves permanently and transfers the lease to the new customer. The new tenant will then pay the rent. In a sublease, the original tenant plans to return, and the subtenant pays him the rent and he continues to pay the lessor. 100. (1) Where a tenant transfers the occupancy of a rental unit in a manner other than by an assignment authorized under section 95 or by an authorized sublease under section 97, the lessor may apply to the board of directors for an order to cease lease and evict the tenant and the person to whom the occupation of the rental unit was transferred. 2006, c. 17, see 100(1). You must get permission from your landlord to sublet your place to a particular person. But your landlord can`t refuse for no reason.
For example, if this person has caused problems for an owner in the past, such as.B. Deterioration of the property or non-payment of rent Be careful in choosing who you want to sublet to. If they cause damage or don`t pay the rent, you may have to pay. If you want to leave your place for a while and move in later, you may be can sublet to someone else while you`re gone. The person you are subletting to is called a subtenant. If a tenant has ordered or sublet without the landlord`s permission, the landlord has 60 days from the discovery of the new tenant to ask the landlord and the rental board to terminate the entire tenancy. If the landlord does nothing, after 60 days he has accepted the new tenant. 1. Order that assignment or sublease be authorized. 2. If necessary, authorize by order another assignment or sublease proposed by the tenant.
97. (1) A tenant may sublet a rental unit with the agreement of the owner to another person. 2006, c. 17, see 97 (1). 5. If an order is placed in accordance with paragraph 3(1) or (2), the assignment or subletting shall have the same legal effect as if the lessor had accepted it. 2006, c. 17, p. 98 (5). If your landlord doesn`t let you sublet, you can apply to the Landlord and Tenant Board for permission to sublet or terminate your lease.
You may also be able to go to the Human Rights Tribunal of Ontario. If your landlord lets you sublet, they may charge you a fee. The fee can`t be more than what your landlord had to spend on things like a credit check and advertising, if the landlord found the new tenant….
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