In Ontario, you can take on a subtenant after you’ve obtained permission from your landlord. In this case, you can utilize the provisions in this sublease agreement Ontario template. Our free sample comprises crucial elements for this type of arrangement.
This Sublease Agreement (the "Agreement") is entered into on this (Insert Date) (the "Effective Date") by and between:
Sublandlord
Name of Sublandlord: [Sublandlord.FirstName] [Sublandlord.LastName]
Address of Sublandlord: [Sublandlord.StreetAddress] [Sublandlord.City] [Sublandlord.State]
Postal Code: [Sublandlord.PostalCode]
Email Address of Sublandlord: [Sublandlord.Email]
Contact Phone Number: [Sublandlord.Phone]
Name of Subtenant: [Subtenant.FirstName] [Subtenant.LastName]
Address of Subtenant: [Subtenant.StreetAddress] [Subtenant.City] [Subtenant.State]
Postal Code: [Subtenant.PostalCode]
Email Address of Subtenant: [Subtenant.Email]
Contact Phone Number: [Subtenant.Phone]
Master Landlord
Name of Head Landlord: [Landlord.FirstName] [Landlord.LastName]
Address of Master Landlord: [Landlord.StreetAddress] [Landlord.City] [Landlord.State]
Postal Code: [Landlord.PostalCode]
Property Address
The property subject to this sublease agreement is located at:
(Insert Property Address, Including Unit Number (if applicable))
(Insert City, Province, and Postal Code)
The portion of the property being subleased is described as follows:
(Insert a clear and specific description of the premises being subleased)
You can negotiate the rent and facilities costs when subleasing your premises. When you agree on these, write them out in this agreement. You can also include a provision for rent increase within legal limits.
The Subtenant agrees to pay the Sublandlord, as rent for the subleased premises, the amount of (Insert Monthly Rent Amount) per month, commencing on (Insert Start Date of Sublease) and continuing on the same day of each succeeding month during the term of this sublease.
The Subtenant shall make All rental payments to the Sublandlord through (Insert Payment Method), without any deduction, set-off, or demand, on or before the due date specified in this agreement.
The monthly rent shall be due on (Insert Due Date) of the month. In the event that the sublease commences on a date other than the (Insert Due Date).
If the Subtenant fails to make any rental payment within the due date, the sublandlord shall file for a Non-payment of Rent (N4).
The rent amount set forth in this agreement may be subject to an annual adjustment in accordance with applicable laws and regulations. The sublandlord shall issue a 90-day notice before any rent adjustments take effect.
The rent payable by Subtenant to Sublandlord, as stipulated in Section (Insert Section Number) of this Agreement, shall be inclusive of the following utilities and services ("Included Services"):
The Sublandlord shall be responsible for providing the Subtenant with the electrical power necessary for the normal operation of the Subleased Premises.
The Sublandlord shall provide the Subtenant with access to potable water and sewage disposal facilities.
The Sublandlord shall ensure that the Subleased Premises are equipped with gas, if applicable.
Sublandlord shall be responsible for maintaining and, if required, providing heating and cooling systems for the Subleased Premises.
Sublandlord shall arrange for regular waste removal services to maintain cleanliness and hygiene on the premises.
Sublandlord shall be responsible for the structural maintenance of the building, including the roof, walls, and common areas.
Sublandlord shall provide janitorial services for common areas, if applicable.
Sublandlord shall ensure that the Subleased Premises are adequately secured and shall provide reasonable security measures.
The inclusive rent, as defined in this Section, shall not include any services or utilities not expressly listed herein. Subtenant shall be responsible for any additional services, utilities, or other costs not specifically covered by this Agreement.
The Sublandlord shall allocate the costs of the Included Services among the Subtenants in a fair and reasonable manner, and such allocation shall be determined by the Sublandlord and communicated to the Subtenant in writing.
Sublandlord reserves the right to modify the Included Services, provided that such modifications do not materially and adversely affect the Subtenant's use and enjoyment of the Subleased Premises. Any modification shall be communicated to the Subtenant with reasonable notice.
It’s important to note that Ontario’s landlords and sublandlords can’t charge security deposits. However, they can ask for a rent deposit. As outlined in this sublease agreement sample Ontario template, the deposit must cover rental payments at some point.
The Sublandlord shall have the right to require the Subtenant to pay a rent deposit with respect to the tenancy if the Sublandlord exercises this right on or before entering into the tenancy agreement, in accordance with the Residential Tenancies Act, 2006 (the "Act") of Ontario.
The amount of the rent deposit to be paid by the Subtenant shall not exceed the lesser of the following:
(a) The amount of rent for one rent period; or
(b) The amount of rent for one month.
If the lawful rent, as defined under the Act, increases after the Subtenant has paid a rent deposit, the Sublandlord reserves the right to require the Subtenant to pay an additional amount to increase the rent deposit up to the maximum limit permitted.
Interest, if applicable, on the rent deposit shall be paid in accordance with the provisions of the Act.
The sublease agreement sample Ontario template specifies who pays for routine and non-routine maintenance in this section. You can also include a provision for emergency repair.
The Sublandlord shall ensure that the residential complex, including the rental unit, is maintained in a good state of repair and fit for habitation, in compliance with all health, safety, housing, and maintenance standards as required by applicable laws and regulations in the province of Ontario.
In the event that any item or component within the rental unit, including but not limited to appliances, fixtures, or systems, ceases to function properly due to normal wear and tear or a breakdown or natural wear and tear, the Sublandlord shall promptly repair or replace it as necessary to restore it to proper working condition, at no additional cost to the Subtenant.
The Subtenant shall maintain the general cleanliness of the rental unit unless otherwise stipulated in the tenancy agreement, in which case, the Sublandlord shall be responsible for cleaning as per the terms of the agreement.
The Subtenant shall be responsible for any undue damage to the rental property that they directly caused or that is not attributable to normal wear and tear. The Subtenant shall promptly inform the Sublandlord of such damage and, at the Sublandlord's discretion, either make arrangements for the repair at their own expense or reimburse the Sublandlord for the cost of repairs.
The Subtenant shall promptly notify the Sublandlord of any necessary repairs or maintenance issues within the rental unit, including those related to items and components that are the Sublandlord's responsibility as outlined in this agreement.
The Sublandlord agrees to respond to maintenance and repair requests in a reasonable and timely manner, ensuring that repairs are conducted as needed to maintain the rental unit in good condition.
In the event of an emergency that requires immediate repair, the Subtenant shall notify the Sublandlord as soon as possible. If the Sublandlord is unavailable or unresponsive, the Subtenant may take reasonable steps to address the emergency repair, and the Sublandlord shall be promptly informed of any actions taken.