Sublet versus Occupant: Understanding the Difference
Are you an outgoing exchange student for this upcoming winter term (January to April)? If you are going on exchange and planning to find a subtenant, it is important to distinguish between a sublet and an occupancy arrangement, as they are treated differently under Ontario's Residential Tenancies Act (RTA).
- A sublet typically occurs when the entire unit is being rented out for a fixed period, and the original tenant intends to return. Subletting requires written permission from the landlord. Tenant and subtenant both have protections under the RTA.
- An occupancy arrangement applies when one tenant in a shared unit (and on a joint lease) with other tenants, rents out their room temporarily while the other tenants remain. This is not considered a sublet, and landlord permission is not required, but the agreement of the housemates/other tenants is essential.
- In an occupancy situation, the original tenant remains on the lease, and the occupant pays the tenant, who in turn continues paying the landlord.
- Keep in mind that occupants are not protected under the RTA, and disputes must be resolved through civil court, unlike sublets which fall under the Landlord and Tenant Board (LTB).
- Finding a sublet or occupant for the winter semester may be more difficult than other times of the year due to there being a higher number of properties being offered at that time of year.
- Should you decided to find a sublet or occupancy for the winter term, we would advise posting it early and regularly repost it as often as possible on a variety of sites. Try not to limit yourself to one social media group or website.
Where can you list your sublet/occupancy for rent?
- (Not affiliated to Queen’s University)
- (there is a fee to post here)
Make your sublet/occupancy stand out by including:
- Clear and professional looking photos of a clean and bright property
- Clear and concise information about the properties highlighting the amenities within and around the home
- Offer in person and virtual walk through options
- Be sure to highlight if its less than a five minute walk to campus/exact location
Other tips with the sublet/occupancy process:
- Be sure to interview all potential candidates.
- Ask for references, credit checks, proof of enrollment, what program are they in, program year etc.
- Be sure to meet all potential subtenants or occupants in person, make sure all tenants are aware and included in the process
- Ask potential candidates about paying rent/that they understand the process/amounts owed/what is included etc. versus not included, what does cleanliness mean to them, will they be brining guests etc.
- Take your time, and avoid making rash decisions. You want to ensure that you find the right candidate.
- Be aware that scams exist and do happen when look for a subtenant/occupant, and not just when looking for a rental property.
- Always use a sublet/occupancy agreement