Real Estate

Can you rent out part of a property you are renting?

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[OP]
Deal Addict
Aug 7, 2019
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Can you rent out part of a property you are renting?

(Ontario)

I tried looking this up and got a lot of articles about sublets but sublets are supposed to have you leaving the entire property and coming back at a later date.

What I am wondering about is if you rent an apartment, can you decide to further rent out one room within that appartment? What is that arrangement called?
11 replies
Deal Addict
May 23, 2006
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It's called sublease.
Check the addendum of your rental agreement and local rental rules. If nothing says you cannot do it, you should be able to do it.
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Oct 13, 2014
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Just Moved To Somewh…
DrDoomsday wrote: (Ontario)

I tried looking this up and got a lot of articles about sublets but sublets are supposed to have you leaving the entire property and coming back at a later date.

What I am wondering about is if you rent an apartment, can you decide to further rent out one room within that appartment? What is that arrangement called?
It is called Room & Board, your "tenant" has no real responsibility to the landlord and you are on the hook for everything. Now, this is assuming that your landlord knows nothing about this arrangement. If they do know then they can maybe draw up a new lease to encompass both parties.
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Jan 16, 2011
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DrDoomsday wrote: (Ontario)

I tried looking this up and got a lot of articles about sublets but sublets are supposed to have you leaving the entire property and coming back at a later date.

What I am wondering about is if you rent an apartment, can you decide to further rent out one room within that appartment? What is that arrangement called?
What does your lease say?
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Jan 2, 2012
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kr0zet wrote:
What does your lease say?
rcmpvet wrote: It is called Room & Board, your "tenant" has no real responsibility to the landlord and you are on the hook for everything. Now, this is assuming that your landlord knows nothing about this arrangement. If they do know then they can maybe draw up a new lease to encompass both parties.
As far as I know what is in the lease is irrelevant. If the Ontario RTA states roommates are allowed, then the tenant is allowed to get a roommate regardless of what was in the lease or how the landlord feels about it. Landlord would not have the right to force a new lease to include the roommate.

Now if the condo rules stipulated something about not having roommates, the tenant would need to abide by that. Also if they wanted so many roommates it would violate health/safety/occupancy laws.
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Mar 27, 2004
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rob444 wrote: As far as I know what is in the lease is irrelevant. If the Ontario RTA states roommates are allowed, then the tenant is allowed to get a roommate regardless of what was in the lease or how the landlord feels about it. Landlord would not have the right to force a new lease to include the roommate.

Now if the condo rules stipulated something about not having roommates, the tenant would need to abide by that. Also if they wanted so many roommates it would violate health/safety/occupancy laws.
such horrible advice. please don't listen

refer to your agreement. landlords usually put a no sub lease clause in there.
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Feb 7, 2018
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Check with landlord and agreement. If they aren’t on the lease then you are on the hook for everything (damage, non payment, utilities etc…) with the unit.

Be honest with your landlord. If times are tough then they should be appreciative that you’re trying to find a way to make ends meet. But I would strongly suggest you add them to a lease rather than sub-lease.
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Mar 23, 2008
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oasis100 wrote: such horrible advice. please don't listen

refer to your agreement. landlords usually put a no sub lease clause in there.
Any clause the landlord puts in there that isn't allowed by the RTA is void. That includes clauses about roommates and pets.

Of course, ignoring those clauses is a good way to tick off your landlord... But it's not illegal to do that.

C
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I don't know if it is the same as subletting but for subletting you need permission. I imagine you would need permission to rent a room out too. I found this:

It is illegal to assign or sublet a unit without the landlord’s consent. A landlord can apply to the Landlord and Tenant Board to evict both the tenant and the unauthorized occupant. However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant becomes a tenant.

I once went to look at places with my friend downtown for him to rent. We went to one place where there was some guy renting out a 2 bedroom unit and was looking for 3 tenants. In the end we found out he was not the owner, he was renting the unit. My friend ended up renting from him and 2 other guys also rented in that unit, so two of them got their own rooms, and one slept in the living area. I don't think the owner ever even knew this was happening. I believe he was making money and probably paying the landlord less rent but collecting $3100 in rent from the tenants.
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atom2020 wrote: I don't know if it is the same as subletting but for subletting you need permission. I imagine you would need permission to rent a room out too. I found this:

It is illegal to assign or sublet a unit without the landlord’s consent. A landlord can apply to the Landlord and Tenant Board to evict both the tenant and the unauthorized occupant. However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant becomes a tenant.

I once went to look at places with my friend downtown for him to rent. We went to one place where there was some guy renting out a 2 bedroom unit and was looking for 3 tenants. In the end we found out he was not the owner, he was renting the unit. My friend ended up renting from him and 2 other guys also rented in that unit, so two of them got their own rooms, and one slept in the living area. I don't think the owner ever even knew this was happening. I believe he was making money and probably paying the landlord less rent but collecting $3100 in rent from the tenants.
It’s not the same as subletting. The RTA is quite explicit. Subletting only applies when the original tenant moves out.

From the RTA:

Interpretation, sublet
(2) For the purposes of this Act, a reference to subletting a rental unit refers to the situation in which,

(a) the tenant vacates the rental unit;

(b) the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant’s term or period; and

(c) the tenant has the right to resume occupancy of the rental unit after that specified date. 2006, c. 17, s. 2 (2).
C
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oasis100 wrote: such horrible advice. please don't listen

refer to your agreement. landlords usually put a no sub lease clause in there.
I didn't say sublet, I said roommate. They are very different things.

Sublet means you move out and rent the unit to someone else, or actually sub-divide a home to rent out as a separate unit. This can be written into a lease and enforced by a landlord .

Roommate means you are living in the unit, and renting out a room to someone. This can't be enforced by a landlord. It's the same as saying you can't have anyone living with you. Doesn't matter what is in a lease agreement, a tenant can have whoever they want live with them and it's none of the landlord's business who it is, or if they happen to pay rent to the tenant. RTA rules override any clause in a lease.

https://tribunalsontario.ca/documents/l ... ncies.html
If a tenant does not vacate the rental unit but allows another person to live in the rental unit with the tenant, a sublet is not created within the meaning of the RTA. In such a case there is no landlord and tenant relationship between the tenant and that other person or between that other person and the landlord. In that case, no consent of the landlord is required and the other person is a roommate of the tenant and/or an occupant of the tenant's rental unit.

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