Sublease Agreement Template for Canada

A Sublease Agreement lets a tenant (now called the sublandlord) rent out all or part of their rented space to another person (the subtenant). Think of it as a lease within a lease - the original tenant becomes a temporary landlord while keeping their responsibilities under the main lease.

Under Canadian law, most provinces require the original landlord's written permission before subleasing. The agreement spells out key details like rent payments, duration, shared spaces, and who handles utilities. Unlike assigning a lease, the original tenant stays legally responsible for the property and must ensure the subtenant follows all rules.

Use a Sublease Agreement when you need to rent out your leased space temporarily but plan to return later. This often happens during extended work assignments, study abroad programs, or when your business needs to downsize quickly. For example, if you're heading to another city for a six-month project, a sublease lets you offset rent costs while maintaining your lease.

The agreement becomes essential when moving before your lease ends, especially in Canadian urban centers where breaking a lease can be costly. It helps avoid penalties while giving you legal protection if your subtenant damages the property or stops paying rent. Many commercial tenants also use subleases to maximize unused office space during slow periods.

• Sublease Contract Agreement: Basic residential sublease format covering essential terms and conditions for home rentals
• Commercial Sublease Contract: Tailored for business properties with detailed provisions for operating hours and shared facilities
• Commercial Real Estate Sublease Agreement: Comprehensive version for large commercial spaces, including maintenance responsibilities and complex tenant improvements
• Sublet Lease: Simplified version for short-term residential subleasing, often used by students or temporary workers
• Lease And Sublease Agreement: Combined document showing both original lease terms and sublease conditions in one agreement

• Original Tenants (Sublandlords): People or businesses who hold an existing lease and want to rent out their space while maintaining legal responsibility
• Subtenants: Individuals or companies taking over the rental space temporarily, often students, professionals on assignment, or businesses needing flexible space
• Property Owners: Must approve the sublease arrangement and maintain their original lease agreement with the main tenant
• Property Managers: Help coordinate sublease arrangements and ensure compliance with building rules
• Legal Professionals: Draft and review agreements to ensure compliance with provincial tenancy laws and protect all parties' interests

• Original Lease Review: Get written permission from your landlord and check subletting restrictions in your current lease
• Property Details: Document exact spaces included, shared areas, parking spots, and any furniture or equipment
• Financial Terms: Calculate rent, utilities, security deposit, and any additional fees or charges
• Tenant Screening: Collect references, credit checks, and employment verification from potential subtenants
• Timeline Planning: Set clear start and end dates, including move-in/out schedules
• Documentation: Gather property photos, inspection reports, and existing damage records
• Agreement Generation: Use our platform to create a legally-sound document that includes all required elements under Canadian law

• Parties and Property: Full legal names of sublandlord, subtenant, and original landlord, plus detailed property description
• Term and Rent: Specific start/end dates, monthly payment amount, due dates, and acceptable payment methods
• Original Lease Reference: Statement incorporating main lease terms and landlord's written consent
• Use and Occupancy: Permitted activities, maximum occupants, and any restrictions on property use
• Maintenance Duties: Clear division of repair and upkeep responsibilities between all parties
• Insurance Requirements: Coverage types and minimum amounts required for subtenant
• Termination Conditions: Valid reasons and required notice periods for ending the agreement early
• Signatures: Dated signatures from sublandlord and subtenant, with witness requirements per province

A Sublease Agreement differs significantly from a Co-living Agreement, though both deal with shared living arrangements. Here's what sets them apart:

• Legal Structure: Sublease Agreements create a landlord-tenant relationship between the original tenant and subtenant, while Co-living Agreements establish shared rights among cohabitants without changing the original lease
• Property Control: Sublessors maintain primary control and responsibility for the property, whereas co-living partners typically share equal rights and responsibilities
• Duration and Flexibility: Subleases often have fixed terms matching the original lease period, while co-living arrangements can be more flexible and ongoing
• Financial Obligations: In subleases, the subtenant pays rent to the sublessor, who remains responsible to the landlord. Co-living agreements usually involve direct cost-sharing among occupants
• Landlord Involvement: Subleases require landlord approval in most Canadian provinces; co-living agreements typically don't need this authorization