Subletting Without Permission Ontario — Eviction Guide (2026)

Q: How long does a landlord have to act on unauthorized subletting?

The landlord has 60 days from discovering the unauthorized sublet to file an A2 application with the LTB. If you do not act within 60 days, the sublet may be deemed accepted.

Q: Do I need to serve a notice before filing for unauthorized subletting?

No. Unlike most eviction applications, the A2 application for unauthorized subletting can be filed directly with the LTB without serving a notice first. The filing fee is $208.

Q: Can a tenant sublet on Airbnb without permission?

No. Listing a unit on Airbnb without landlord consent is unauthorized subletting. It may also violate municipal short-term rental bylaws. The landlord can file an A2 application and/or serve an N5 for the resulting disruption.

Q: Does an unauthorized occupant become a tenant?

No. An unauthorized occupant placed by a tenant does not automatically become a tenant with RTA rights. They can be removed through the A2 process. However, you must never attempt to remove them yourself — only the Sheriff can enforce an LTB order.

By Ontario Eviction Services Team | Updated May 28, 2026

Unauthorized subletting is a growing concern for Ontario landlords. With rising rents, some tenants sublet their units at a profit without landlord consent, or move out entirely while having someone else live in the unit and pay rent. Under the Residential Tenancies Act (RTA), subletting without permission can be grounds for eviction — but landlords must act within 60 days or the sublet may be deemed accepted.

                    Quick Answers
                    Is landlord consent required? Yes. Both subletting and assignment require the landlord's consent under the RTA.
How long do I have to act? 60 days from discovering the unauthorized sublet — after that, it may be deemed accepted.
Do I need to serve a notice first? No. File the A2 application directly with the LTB ($208 filing fee).
Airbnb without permission? This is unauthorized subletting. File an A2 and/or serve an N5.
Bill 60 impact: The 15-day appeal period means eviction orders for unauthorized sublets become enforceable faster.

                

Subletting vs Assignment vs Unauthorized Occupant

Arrangement	Definition	Tenant Returns?	Consent Required?	Can Landlord Refuse?	Eviction Path
Sublet	Temporary transfer to another person	Yes — intends to return	Yes	Yes (can refuse)	A2 application
Assignment	Permanent transfer of the lease	No — leaves permanently	Yes	Cannot unreasonably refuse	A2 application
Unauthorized occupant	Someone living in unit without tenant present	Original tenant gone	Yes (it is an unauthorized assignment)	Yes	A2 application
Occupant/roommate	Person living with the tenant	Tenant is present	No consent needed	N/A — tenant's right	No eviction path (tenant's right to have occupants)
Airbnb/short-term rental	Temporary commercial subletting	Varies	Yes	Yes	A2 application + N5 for disruption

The 60-Day Window: Why You Must Act Fast

Under the RTA, if a landlord discovers an unauthorized sublet or assignment and does not file an A2 application within 60 days, the sublet or assignment may be deemed accepted. This is a critical deadline. Once the 60 days pass, you lose your ability to evict based on the unauthorized transfer. Monitor your properties and act immediately when you discover unauthorized occupants.

The A2 Application Process

Step 1: Gather Evidence

Document the unauthorized subletting: screenshots of online listings (Airbnb, Kijiji, Facebook), photos of unfamiliar individuals, statements from other tenants or building staff, records showing the original tenant has a different address, and rent payment records from a different source.

Step 2: File the A2 Application

File directly with the LTB. No notice is required first — this is one of the few applications that does not require a prior notice. Filing fee: $208.

Step 3: Serve Both Parties

Serve the A2 on both the original tenant and any unauthorized occupants.

Step 4: Present at the Hearing

Present your evidence. The LTB can order eviction of the unauthorized occupant, eviction of the original tenant, or both.

Common Mistakes to Avoid

Missing the 60-day window: This is the most critical mistake. Once 60 days pass, the unauthorized arrangement may be deemed accepted.
Confusing occupants with subtenants: A tenant has the right to have roommates and guests. Only when the original tenant has moved out and someone else is occupying the unit is it an unauthorized sublet/assignment.
Attempting self-help removal: Never try to remove an unauthorized occupant yourself. Only the Sheriff can enforce an LTB order.
Not checking online listings: Regularly search Airbnb, Kijiji, and Facebook Marketplace for your property address.

Our eviction services team handles unauthorized subletting cases across Toronto, Ottawa, and all of Ontario.

Frequently Asked Questions

How long does a landlord have to act on unauthorized subletting?

60 days from discovering the unauthorized sublet. If you do not act within 60 days, the sublet may be deemed accepted.

Do I need to serve a notice before filing for unauthorized subletting?

No. The A2 application can be filed directly with the LTB without serving a notice first. The filing fee is $208.

What is the difference between subletting and assignment?

A sublet is temporary — the original tenant intends to return. An assignment is permanent — the new person takes over the lease entirely. Both require consent.

Can a tenant sublet on Airbnb without permission?

No. Listing on Airbnb without consent is unauthorized subletting. It may also violate municipal bylaws. File an A2 and/or serve an N5.

Does an unauthorized occupant become a tenant?

No. They do not acquire RTA rights. They can be removed through the A2 process, but only the Sheriff can enforce the order.

Sources

Residential Tenancies Act, 2006 — Sections 95-100
Landlord and Tenant Board — A2 Application
Bill 60 — Protecting Tenants and Strengthening Community Housing Act, 2024

Suspect Unauthorized Subletting?

The 60-day clock is ticking. We investigate, document, and file A2 applications for unauthorized subletting across Ontario. Act now.

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