- A sublet means you leave temporarily and return; an assignment means you hand the tenancy over permanently and move out for good.
- Both require the landlord's consent — but the landlord cannot unreasonably refuse, and cannot charge more than their actual out-of-pocket costs to process it.
- If a landlord unreasonably refuses or does not respond to an assignment request, a tenant may be able to end the tenancy on short notice or apply to the Board.
- In a sublet, the original tenant remains responsible to the landlord for rent and damage.
- Assignment is often the best way to break a lease early without owing months of rent.
The Short Answer
In Ontario, subletting means you leave your unit temporarily and keep the right to return, while assignment means you transfer the whole tenancy to someone else and move out permanently. Both need the landlord's consent, but the landlord cannot unreasonably refuse and can only charge their actual costs. Assignment is often the cleanest way to break a lease early: if the landlord unreasonably refuses or does not respond, you may be able to end the tenancy on short notice. For anything contentious, our landlord and tenant lawyers can help you do it correctly.
Sublet vs. Assignment
| Factor | Sublet | Assignment |
|---|---|---|
| Are you coming back? | Yes — temporary, you return before the lease ends | No — permanent, you move out for good |
| Who stays responsible? | You remain liable to the landlord | You step out of the tenancy once it is done properly |
| Best used for | Leaving for a defined period (e.g., a work term) | Ending a lease early and leaving permanently |
| Landlord consent | Required, not to be unreasonably refused | Required, not to be unreasonably refused |
The Consent Rules
You must get the landlord's consent, but the landlord's power to say no is limited. For an assignment to a specific proposed person, the landlord may only refuse on reasonable grounds (for example, the proposed assignee clearly cannot afford the rent). For a general request simply to be allowed to assign, an unreasonable refusal — or no response at all — can open the door for the tenant to end the tenancy.
What a Landlord Can Charge
A landlord can only recover their actual reasonable out-of-pocket costs of giving consent, such as a small credit-check fee. Flat “transfer fees,” “administration” charges beyond real costs, or demands to increase the rent as a condition of consent are not permitted.
A landlord who demands a fee beyond actual costs, or tries to bump the rent as the price of approving a transfer, is overstepping. Those charges can be challenged.
When a Landlord Refuses
If you request consent to assign and the landlord refuses unreasonably or fails to respond within the time the law allows, you may have the right to give notice and terminate the tenancy early — often on much shorter notice than usual. This is why a written, dated request matters: it starts the clock.
Using Assignment to Leave Early
Tenants stuck in a fixed-term lease often assume they owe rent until the end no matter what. Assignment is the structured way out: you find (or ask to find) a replacement, request the landlord's consent, and either the assignment proceeds or the landlord's unreasonable refusal/non-response lets you end the tenancy. Either way, you avoid simply abandoning the unit and being chased for months of rent.
A clear written request to assign — with the date — protects you two ways: it documents a reasonable proposed assignee, and it starts the response clock that can free you if the landlord ignores you.
Risks to Watch For
- Sublet liability — you remain on the hook if the subtenant does not pay or causes damage
- Informal “handshake” deals — without written consent, you may still be treated as the responsible tenant
- Abandoning instead of assigning — walking away without following the process can expose you to a claim for the remaining rent
What Landlords Should Get Right
- Respond to sublet and assignment requests promptly and in writing
- Only refuse on genuine, reasonable grounds — and be able to explain them
- Charge only actual out-of-pocket costs
- Do not treat a transfer request as a chance to raise the rent
Common Mistakes
An unauthorized sublet can jeopardize your tenancy — always get written consent.
Leaving without assigning or giving proper notice can leave you liable for the remaining rent.
Landlords can only charge actual costs of consent — not arbitrary fees.
A written, dated assignment request is what starts the clock and protects your right to leave.
Trying to leave a lease early or handle a transfer request? Call our Toronto landlord and tenant team at 416-274-2222 for a free consultation.
Frequently Asked Questions
In a sublet, you move out temporarily and have the right to move back in before your lease ends — you remain the tenant and stay responsible to the landlord. In an assignment, you transfer the entire tenancy to someone else permanently and move out for good, stepping out of the relationship (once done properly).
They can require their consent, but they cannot refuse arbitrarily or unreasonably. For an assignment to a specific proposed person, the landlord can only refuse on reasonable grounds. For a general request to assign, an unreasonable refusal or failure to respond can give the tenant the right to end the tenancy early.
Only their actual reasonable out-of-pocket expenses in giving consent — for example, a modest cost to run a credit check. A landlord cannot charge an arbitrary fee, a “transfer fee,” or use the request as a chance to raise the rent.
Yes. In a proper sublet, the original tenant remains liable to the landlord for rent and for any damage caused by the subtenant. If the subtenant does not pay or causes damage, the landlord can look to you.
Yes — assignment is often the cleanest way to leave a fixed-term lease early. You ask the landlord to consent to assigning the unit to a new tenant. If the landlord unreasonably refuses or fails to respond within the allowed time, you may be able to end your tenancy on relatively short notice.
Silence can work in your favour. If you request consent to assign and the landlord does not respond within the time the law allows, you may have the right to give notice and end the tenancy early. Keep your request and the timeline in writing.
For an assignment or sublet, the landlord cannot use the transfer to impose an unlawful rent increase on the continuing tenancy. Rent rules still apply. (A brand-new tenancy after the unit is vacated is a different situation.)
Get everything in writing. A written request and a written consent (or a documented refusal or non-response) protect you if there is later a dispute about whether the sublet or assignment was authorized.