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What happens if a subtenant refuses to leave the dwelling at the end of a fixed term sublease?

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  • Jan 20th, 2020 10:00 am
[OP]
Newbie
Jan 9, 2020
66 posts
16 upvotes

What happens if a subtenant refuses to leave the dwelling at the end of a fixed term sublease?

I have around 3 months remaining in my 1-year lease contract for which I have already given notice to my landlord for moving out. However, since I want to leave Toronto immediately, I need to either transfer/assign the lease OR sublet my apartment to someone. Obviously, the former would be a better option since that would transfer over the responsibilities and liabilities to the new tenant. However, so far I have only received offers for short term sublets till the end of my lease.

So I am considering subletting the apartment to a stranger who is ready to pay me 3 months rent + a damage deposit upfront. I am wondering about the course of action if the subtenant refuses to leave the condo at the end of the 3 month fixed-term sublease. At that point, my lease would be expired and the subtenant would be living there illegally. If they refuse to leave, what is my course of action to get them out of the condo? Does it still require an eviction notice and 2 months to get them to leave or can I simply call the cops to kick them out immediately? Basically, don't want to be liable for 2 months extra rent if it takes 2 months to kick them out.

Further, are there any risks of subletting other than the one mentioned in this post since he/she is paying all the rent upfront? Damage risk has been covered by my insurance so I'm not too worried about that.

Thanks for the help!
9 replies
Deal Expert
User avatar
Feb 11, 2007
15114 posts
16089 upvotes
Oakville
justanotherstranger wrote: I have around 3 months remaining in my 1-year lease contract for which I have already given notice to my landlord for moving out. However, since I want to leave Toronto immediately, I need to either transfer/assign the lease OR sublet my apartment to someone. Obviously, the former would be a better option since that would transfer over the responsibilities and liabilities to the new tenant. However, so far I have only received offers for short term sublets till the end of my lease.

So I am considering subletting the apartment to a stranger who is ready to pay me 3 months rent + a damage deposit upfront. I am wondering about the course of action if the subtenant refuses to leave the condo at the end of the 3 month fixed-term sublease. At that point, my lease would be expired and the subtenant would be living there illegally. If they refuse to leave, what is my course of action to get them out of the condo? Does it still require an eviction notice and 2 months to get them to leave or can I simply call the cops to kick them out immediately? Basically, don't want to be liable for 2 months extra rent if it takes 2 months to kick them out.

Further, are there any risks of subletting other than the one mentioned in this post since he/she is paying all the rent upfront? Damage risk has been covered by my insurance so I'm not too worried about that.

Thanks for the help!
Does your lease allow sub-letting?
Have you asked the landlord if they mind letting you out early? How about if you agree to find the person.

If i were the landlord, I'd prefer to start a new lease as what will likely be a higher rate.
Sr. Member
User avatar
Feb 25, 2004
843 posts
349 upvotes
Longueuil
Where do you leave? In Québec the landlord cannot refuse a subleasing unless he has a serious reason.

That being said, personnally I am not sure this is the best way to go.

[EDIT: Forget it, I saw you are in Ontario, doesn't apply to you]
Try not! Do or do not, there is no try...
Deal Addict
User avatar
Aug 12, 2007
4339 posts
711 upvotes
Waterloo
justanotherstranger wrote: I have around 3 months remaining in my 1-year lease contract for which I have already given notice to my landlord for moving out. However, since I want to leave Toronto immediately, I need to either transfer/assign the lease OR sublet my apartment to someone. Obviously, the former would be a better option since that would transfer over the responsibilities and liabilities to the new tenant. However, so far I have only received offers for short term sublets till the end of my lease.

So I am considering subletting the apartment to a stranger who is ready to pay me 3 months rent + a damage deposit upfront. I am wondering about the course of action if the subtenant refuses to leave the condo at the end of the 3 month fixed-term sublease. At that point, my lease would be expired and the subtenant would be living there illegally. If they refuse to leave, what is my course of action to get them out of the condo? Does it still require an eviction notice and 2 months to get them to leave or can I simply call the cops to kick them out immediately? Basically, don't want to be liable for 2 months extra rent if it takes 2 months to kick them out.

Further, are there any risks of subletting other than the one mentioned in this post since he/she is paying all the rent upfront? Damage risk has been covered by my insurance so I'm not too worried about that.

Thanks for the help!
From Landlord or tenants perspective there is no such thing as a "fixed term lease" , its considered a minimum term but there is not a maximum period. That being said, once you give a notice to leave that becomes the end period for the lease.

Without approval from the landlord, you cannot "Sub lease" either. you can sublet, but you remain responsible for all expenses damages etc.
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Pay it forward.
Newbie
Dec 27, 2019
13 posts
15 upvotes
justanotherstranger wrote: I am wondering about the course of action if the subtenant refuses to leave the condo at the end of the 3 month fixed-term sublease. At that point, my lease would be expired and the subtenant would be living there illegally. If they refuse to leave, what is my course of action to get them out of the condo? Does it still require an eviction notice and 2 months to get them to leave or can I simply call the cops to kick them out immediately? Basically, don't want to be liable for 2 months extra rent if it takes 2 months to kick them out.
There is no such thing as a residential fixed-term lease in Ontario. The Landlord and Tenant Board will not enforce such a clause; at the end of any so-called fixed-term, the lease becomes month-to-month, automatically.
Deal Addict
Nov 17, 2012
2934 posts
1935 upvotes
Toronto
Sheesh - just eat the 3 months of rent. Not worth all the hassle of dealing with strangers etc.
[OP]
Newbie
Jan 9, 2020
66 posts
16 upvotes
Yes, this is what I decided to do. Risk reward for dealing with strangers just not there.
Deal Addict
Nov 17, 2012
2934 posts
1935 upvotes
Toronto
I'm renting a place in the US for work - when it comes to ending the lease thankfully they have a service where for 1 month's rent, they put the place back on the market and try to rent it out. There's enough demand that I'm not concerned about leaving part way through.

Or I'll just buy a trailer and live in a Walmart parking lot ;)
Sr. Member
Apr 8, 2010
777 posts
424 upvotes
toronto
best bet is talk to your landlord.

In this market the landlord might like you leaving so he can get someone else in at a higher rent. that is, if you're in toronto

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