“Someone else is moving in” can legally be an assignment, a sublet, or an unauthorized occupancy. Who answers to you is different in each case.
Assignment (s.95)
- With your consent, a tenant may assign the unit to another person (s.95(1)).
- If the tenant only asks in general whether they can assign, you may consent or refuse (s.95(2)).
- If the tenant names a specific assignee, you may consent to that person, refuse that person, or refuse to allow an assignment at all (s.95(3)); refusing that specific person must not be arbitrary or unreasonable (s.95(5)).
- If you refuse, or do not respond within the time set in s.95(4), the tenant may give a notice of termination under s.96.
- You may charge only your reasonable out-of-pocket expenses for giving consent (s.95(7)).
- After an assignment the agreement continues on the same terms; the assignee answers to you for obligations after the assignment, and the former tenant still answers for the period before it (s.95(8)).
Sublet (s.97)
- With your consent a tenant may sublet, and you may not arbitrarily or unreasonably withhold consent (s.97(1), (2)); again, only reasonable out-of-pocket expenses (s.97(3)).
- During the sublet the original tenant remains liable to you for all obligations under the agreement and the Act (s.97(4)).
- When the subtenancy ends, the subtenant has no right to stay (s.97(5)).
Someone moved in without consent (s.100, s.104)
If a tenant transfers occupancy other than by an authorized assignment or sublet, you may apply to the LTB to end the tenancy and evict both the tenant and the occupant (s.100(1)), but there is a deadline that runs from when you discover it (s.100(2)). You may instead negotiate a new tenancy with the occupant (s.104(1)). If you do neither within the time limits, the occupant may be treated as an assignee you consented to (s.104(4)). Decide early once you find out.
Swapping roommates on a joint lease
Separate three lists: who signed the lease, who actually lives there, and who pays. They often differ. Put any change in writing, signed by everyone it affects, with the date it takes effect. Moving out or no longer paying does not by itself release someone from the lease.
Sources: RTA s.95–s.97, s.100 and s.104 (e-Laws, current to 2026-10-01).