Sublet, take over a lease or break a lease in Canada: your options and the rules
Quick summary
Short answer: in the places we checked, you need your landlord's consent to sublet or assign a lease, and a landlord generally cannot refuse without a good reason. A sublet is temporary: you move out for a while, plan to come back, and stay responsible for the lease. A lease takeover (called an assignment) passes the lease to someone else for good. Both generally need your landlord's permission, and the rules depend on your province. Start with ourrenting in Canada guide for costs and deposits.
Checked November 9, 2026. Main source: Government of Manitoba: Subletting and assignment fact sheet. See all 20 sources.
Sublet or assignment: what is the difference?
A sublet is for a set period. You move out, a subtenant lives there and pays you, and you plan to return. An assignment is permanent. Your lease moves to a new person and you do not plan to come back. Manitoba's Residential Tenancies Branch explains it this way.
The big difference is who is still responsible. In Manitoba, after an assignment the original tenant is no longer responsible once the new tenant takes over. After a sublet, the original tenant stays responsible for the lease and for any damage, even while living somewhere else. The Financial Consumer Agency of Canada says the same about a sublet: you remain responsible if the subtenant does not pay or causes damage.
| Sublet | Assignment (lease takeover) | |
|---|---|---|
| How long | A set period, then you return | For good |
| Who pays the landlord | You do, and the subtenant pays you | The new tenant |
| If rent is not paid or there is damage | You are still responsible (Manitoba) | The new tenant, not you (Manitoba) |
| Deposit (Manitoba) | Landlord keeps your deposit | New deposit from the new tenant |
| Rent you can charge (Manitoba) | The same rent you pay | Not applicable |
Sources: Government of Manitoba Residential Tenancies Branch, Subletting and assignment fact sheet (December 2019); Financial Consumer Agency of Canada, Renting an apartment or house. Checked November 2, 2026.
Do you need your landlord's permission?
In the places we checked, yes. In Manitoba you must get the landlord's written permission before you assign or sublet, and the landlord cannot unreasonably withhold it. The federal agency also says subletting requires your landlord's permission.
Never sublet or hand over a lease on a handshake. Without written consent you may have no protection if the new person does not pay.
| Province | What the official pages say |
|---|---|
| Manitoba | Written permission is needed. The landlord cannot unreasonably withhold consent. The landlord may charge up to $75 for an assignment or sublet. |
| Ontario | The landlord cannot unreasonably withhold consent to a sublet and cannot arbitrarily or unreasonably refuse an assignment. Costs for approving a new tenant, such as a credit check, cannot be more than the landlord's actual costs. Assignment rights do not apply to subsidized, public or non-profit housing, superintendent units or school housing. |
| Alberta | A landlord cannot charge a fee for consenting to a sublet. |
| Quebec | A landlord generally cannot refuse an assignment without a serious reason, and the reasons must relate to the new tenant, such as ability to pay. Subletting is lawful and a lease cannot ban it outright. The rules changed on February 22, 2024, so read the current Tribunal administratif du logement page. |
| British Columbia | Written consent is needed. With a fixed term and six or more months left, the landlord cannot unreasonably refuse an assignment. With less than six months left, that rule does not apply. A tenant who thinks consent is unreasonably refused can apply for an order. The guideline does not address fees (guideline reformatted May 2024). |
| Saskatchewan | Written consent is needed to assign a tenancy, or to sublet a fixed-term tenancy. The landlord cannot unreasonably refuse, but a public housing authority may refuse for any reason. You stay responsible for your own duties. The landlord generally cannot charge you for considering the request (The Residential Tenancies Act, 2006, section 50, an unofficial copy that lists changes through 2024). |
| New Brunswick | To assign, you ask the landlord with a Request for Consent to Assign form. The page does not say when a landlord may refuse, and it says nothing about consent for subletting. The government page is undated. |
| Nova Scotia | Written permission is needed. The landlord cannot unreasonably refuse a sublet but may screen the new person, and a fee may apply. After a sublet you stay responsible for rent and the unit. A sublet cannot cost the subtenant more than the landlord charges you (guide updated April 2025). |
| Prince Edward Island | Under the old Rental of Residential Property Act, a tenant with a fixed term over six months could assign or sublet with consent that could not be unreasonably withheld, and the landlord could recover reasonable costs. The new Residential Tenancy Act began April 8, 2023. We did not confirm its wording, so call the Island Regulatory and Appeals Commission before you sublet (Commission order dated October 9, 2025). |
| Newfoundland and Labrador | Written consent is needed. The landlord cannot refuse without a good reason, such as a worry about the new person's ability to pay. The landlord cannot charge a fee except for costs they actually had. No right to sublet or assign in government subsidized housing (policy revised August 2021). |
| Yukon | Written consent is needed, and the landlord cannot unreasonably refuse. Without consent, the landlord can serve a 14 day notice to end the tenancy. After a sublet you stay bound by the original agreement. The fact sheet is undated and does not mention fees. Call the Residential Tenancies Office at 867-667-5944. |
| Northwest Territories | You need six months or more in the tenancy. The transfer is not valid without the landlord's written consent, which cannot be unreasonably withheld. If it is refused, you can ask a rental officer for an order. The landlord can charge only reasonable costs, up to $50 (Residential Tenancies Act, sections 22 and 23, amendments to 2023). |
| Nunavut | A transfer is not valid without the landlord's written consent, which cannot be unreasonably withheld (Residential Tenancies Act, section 22). This is an unofficial copy that is current to June 24, 2012, so confirm with the Nunavut Rental Office. |
Sources: Government of Manitoba Residential Tenancies Branch; Ontario Landlord and Tenant Board, How a Tenant Can End Their Tenancy (brochure last updated April 2018, so confirm current rules); Government of Alberta, Starting a tenancy; Tribunal administratif du logement, Assignment or sublease; Québec.ca, Leases; Province of British Columbia, Policy Guideline 19; Government of Nova Scotia, Ending a Tenancy guide; Government of Newfoundland and Labrador, Policy 02-001; Government of New Brunswick, Lease information; Government of Saskatchewan, The Residential Tenancies Act, 2006 (unofficial copy); Island Regulatory and Appeals Commission, Order LR25-49; Government of Yukon, Subletting and assigning fact sheet; Government of the Northwest Territories, Residential Tenancies Act; Government of Nunavut, Residential Tenancies Act (unofficial copy). Checked November 3, 2026. Where the table says we did not confirm, we could not open an official page that states the rule.
How to sublet or assign a lease in Manitoba, step by step
- Tell your landlord who you want to put in the unit and ask for written permission.
- For an assignment, everyone signs the Assignment of Tenancy Agreement section of the lease: the landlord, the new tenant and you. For a sublet, everyone signs the subletting agreement section instead.
- For an assignment, the landlord does an outgoing condition report with you and an incoming report with the new tenant. The landlord collects a new security deposit from the new tenant. Your old deposit is not transferred.
- For a sublet, the landlord keeps the deposit under your name. You must charge the subtenant the same rent you pay.
- Expect a fee of up to $75.
Source: Government of Manitoba Residential Tenancies Branch, Subletting and assignment fact sheet (December 2019). Call 204-945-2476 or toll free 1-800-782-8403 to confirm today's forms and fees. Checked November 2, 2026.
If you are the one taking over a lease
Taking over a lease can be a good way to find a home fast. It can also be where scams and surprises happen. Before you pay anything:
- Ask for a copy of the lease and read it. You take over the same terms, so the rent, rules and end date become yours.
- Confirm with the landlord yourself, not only through the person leaving. Get their approval in writing.
- Ask for a condition report or take your own dated photos of every room.
- Find out about the deposit. In Manitoba an assignment means you pay a new security deposit. In a sublet the landlord keeps the original deposit under the tenant's name.
- For a sublet, remember the tenant you are subletting from is still responsible to the landlord. Pay in a way that leaves a record and keep every receipt.
- Watch for the signs of a scam the federal agency lists: rent far below market, a deposit requested before any lease or landlord approval, money sent to a person abroad, and photos that do not match the unit.
Sources: Government of Manitoba Residential Tenancies Branch; Financial Consumer Agency of Canada, Renting an apartment or house. Checked November 2, 2026.
Ways to get out of a lease early
A fixed-term lease means you owe rent until the end of the term. In Manitoba, the Residential Tenancies Branch says a fixed-term tenant usually cannot leave early without the landlord's agreement, with some exceptions. In Ontario, early ending is generally allowed only by agreement with the landlord, assignment, an order of the Landlord and Tenant Board, or a few legal exceptions.
In order, these are the options to look at first:
- Ask your landlord to agree in writing to end the lease. Some landlords will, especially if you help find a new tenant.
- Assign the lease to a new person the landlord approves. In Manitoba this ends your responsibility.
- Check the legal exceptions in your province (table below).
- If none apply, find out what you would owe. In Ontario, if you leave without proper notice you may owe rent until the unit is re-rented or until the earliest valid ending date, whichever comes first.
Sources: Government of Manitoba, Giving notice (tenant) fact sheet; Ontario Landlord and Tenant Board. Checked November 2, 2026.
Manitoba: when you can leave a fixed-term lease early
| Reason | What you need | Notice |
|---|---|---|
| Assignment of your lease | Landlord's written permission | None |
| Moving into a personal care home | Not stated | One full rental payment period |
| Can no longer live independently for health reasons | Doctor's certificate | One full rental payment period |
| Unit is inaccessible because of a long-term change in your health | Doctor's certificate | One full rental payment period |
| Unit affected by a rehabilitation scheme | Landlord's notice of application | Two full rental payment periods |
| Landlord applies for rent above the guideline | Landlord's notice of application | Two full rental payment periods |
| Canadian Forces posting at least 50 km away | Certificate from a Canadian Forces or Reserves official | One or three full rental payment periods |
| Victim of domestic or sexual violence or stalking | Certificate from Victim Services of Manitoba Justice | One full rental payment period |
Source: Government of Manitoba Residential Tenancies Branch, Giving notice (tenant). Checked November 2, 2026. A rental payment period is how often you pay rent, usually a month. If you are in one of these situations, call the Residential Tenancies Branch before you give notice.
Ontario: the assignment timeline
Ontario sets a path for tenants who ask to assign their lease. The landlord has 7 days to respond. If the landlord refuses or does not answer within 7 days, the tenant can give a Form N9 notice within 30 days of the request, with at least 30 days' notice. A tenant who thinks a refusal of a proposed new tenant was unreasonable can apply to the Landlord and Tenant Board with Form A2.
For a regular end of tenancy in Ontario, a tenant gives at least 60 days' notice on Form N9, and the ending date cannot be before the last day of a fixed term. Weekly tenancies need at least 28 days.
Source: Ontario Landlord and Tenant Board, How a Tenant Can End Their Tenancy (brochure last updated April 2018). Confirm current rules at the Landlord and Tenant Board before you act. Checked November 2, 2026.
Regular notice if you are month to month
In Manitoba, a month-to-month tenant gives written notice of one full rental payment period before the move-out date. If rent is due on the 1st and you leave on July 31, notice is due by June 30. In Ontario, a monthly tenant gives at least 60 days' notice, ending on the last day of a rental month.
Sources: Government of Manitoba, Giving notice (tenant); Ontario Landlord and Tenant Board. Checked November 2, 2026.
Should you sign a lease at all?
A fixed-term lease (for example 12 months) locks in the rent and the home for that period. It also locks you in. A month-to-month tenancy is flexible, but the landlord can raise the rent when the law allows and may end the tenancy in the ways the law allows.
Add up the total you are promising. At example rent of $1,400 a month, a 12-month lease is a $16,800 commitment (our arithmetic). Ask yourself these questions before you sign:
- Will I be in this city for the whole term? If a job, school or family change is possible, month to month may fit better.
- Could I afford the rent for the full term if my income dropped? Keep an emergency fund for it.
- Does the lease let me assign or sublet, and what fee applies?
- What is the notice rule if I must leave?
- Is the rent increase rule clear? In Manitoba, rent can go up once in 12 months with 3 months' written notice.
Sources: Government of Manitoba, What Manitoba tenants need to know. The $1,400 figure is an example, not market data. Checked November 2, 2026.
Where to go next
- Renting in Canada: costs, deposits and lease rules
- Manitoba tenant rights and the 2027 rent guideline
- How to get your security deposit back
- Rent affordability calculator
- Rent increase calculator
- Budget planner
- Denied an apartment over a credit check
- Debt sent to collections in Canada
- Renting in Canada: newcomer guide
Questions people ask
Can a tenant sublet without permission?
Not safely. In Manitoba you must have the landlord's written permission, and the federal consumer agency says subletting requires your landlord's permission. In the Northwest Territories and Nunavut a transfer is not valid without written consent. Never sublet on a handshake.
What happens if you sublet without permission?
Our sources show it can end your tenancy. In Yukon, the landlord can serve a 14 day notice without consent. The pages we read for most provinces do not list the penalty, so ask your province's tenancy office before you take the risk.
Is subletting legal in Ontario?
Yes, with the landlord's consent. The Landlord and Tenant Board says the landlord cannot unreasonably withhold consent to a sublet. The brochure we read was last updated in April 2018, so confirm the current rules with the Board.
What is the difference between a sublet and a lease assignment?
A sublet is temporary: you plan to return and you stay responsible for the lease. An assignment passes the lease to a new tenant for good. In Manitoba the original tenant is no longer responsible after an assignment.
Can my landlord say no to a sublet or lease takeover?
In Manitoba and Ontario a landlord cannot unreasonably withhold consent. In Quebec a landlord generally cannot refuse an assignment without a serious reason. What counts as reasonable depends on the facts, so ask your tenancy office.
Can a landlord charge a fee to approve a sublet?
In Manitoba the landlord may charge up to $75 for an assignment or sublet. In Alberta a landlord cannot charge a fee for consenting to a sublet. In Ontario costs cannot be more than the landlord's actual costs of approving a new tenant.
Am I still responsible if my subtenant stops paying?
Yes. In Manitoba the original tenant stays responsible for a sublet, and the Financial Consumer Agency of Canada says the same. That is why a written agreement and the landlord's consent matter.
Can I break a fixed-term lease in Manitoba?
Usually only with the landlord's agreement, by assigning the lease with written permission, or under a legal exception such as a health reason with a doctor's certificate or being a victim of domestic or sexual violence. See the table on this page.
What happens if I just move out without notice?
In Ontario, you may owe rent until the unit is re-rented or until the earliest valid ending date, whichever comes first. Talk to your landlord before you leave.