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Right to Sublet? 

ForumUser
ForumUser
Posts: 539


Posted On: 8/10/2016
ForumUser
ForumUser
Posts: 539
My tenant has given 60 days notice on August 1st.

Her lease expired several months ago and she is on a month to month.

She was hoping to get out early and as a courtesy I said I would consider applicants who wanted the apartment early.

I advertised the unit for October. 1st.

She started showing the unit also, of which one interested couple were unable to provide references.

In the meantime I have had several interested tenants and have just accepted a new tenant and signed a new lease.

The current tenant is upset and claims she has the right to sublet.

She has no lease and has given 60 days notice.

Is there any information on this.
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Moderator
Moderator
Moderator
Posts: 4063


Posted On: 8/11/2016
Moderator
Moderator
Moderator
Posts: 4063
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

First of all, it sounds like your tenant is confused about subletting and what it means and entails.

When you sublet your unit, it means you move out for a period of time and let someone else live there until you come back.

Usually, you sublet if you want to live in your unit again before your lease ends.

With subletting, the original tenant is still the official tenant and the other person is the subtenant. With subletting, the original tenant is still responsible for the lease and the rent.

You can find some information in our Settlement.Org How can I end my tenancy early? article.

You may want to contact the Landlord's Self Help Centre for some information regarding this type of situations.

The Landlord's Self-Help Centre is a non-profit community legal clinic which supports Ontario's small-scale landlord community exclusively.

The Centre provides information, summary advice and referrals.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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