Can I force my landlord to let me transfer my lease to someone else?

The situation

I am currently living in a small apartment in Ontario and I am hoping to move out early because my new job requires me to relocate. I found a reliable person who is willing to take over my lease and pay the same monthly rent of $1,850, but my landlord is being incredibly difficult. I sent over all the necessary paperwork and details about this potential new tenant on October 15th, but my landlord has just ignored my emails and refused to give any reason why they won't agree to the transfer. I have already tried calling them twice and even sent a formal letter via post last week to explain that I am not trying to break the lease, just assign it to someone else, but I still have no answer. It has been over a month of waiting and I am getting very stressed about my upcoming move date in December. Since they won't give me a straight answer or say no officially, I am stuck. Can I actually take this to a board to get an official order that lets this person move in instead of me, or am I just stuck paying rent until my current contract ends?

Detailed Analysis

Under the Residential Tenancies Act, you have the right to ask your landlord to let you assign your lease—which means transferring your entire interest in the rental agreement to a new person^[2]. Because you have already found a person to take over your $1,850 monthly rent, you are seeking an assignment rather than a sublet.

Your landlord is currently ignoring your requests. The law states that "A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee"^[2]. If your landlord's silence or refusal is considered arbitrary or unreasonable, you have legal recourse.

You can apply to the Board for an order. Specifically, "A tenant or former tenant of a rental unit may apply to the Board for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant"^[1].

If the Board finds that your landlord is acting unlawfully, they have several powers. They may "Order that the assignment or sublet is authorized"^[1]. This means the Board could grant an order that has the same legal effect as if your landlord had actually said yes^[1]. Alternatively, the Board could order that your tenancy be terminated, which would allow you to move out without being responsible for future rent^[1].

It is important to note that if you simply move someone in without a legal assignment or sublet, the landlord could try to evict both you and the new occupant. Therefore, getting the official Board order is the safest way to protect yourself before your December move date.

Statutory Citations

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