If you're heading off on exchange for the Winter Term, you may be considering having someone live in your room while you're away. Before posting an advertisement, it's important to understand whether your situation will be a sublet or an occupancy arrangement.
While these terms are often used interchangeably, they are not the same thing and have different implications for both you and the person moving into your space.
Generally speaking:
✅ Sublet
- You temporarily move out and are subleasing the entire unit to another person.
- The person takes over your rental unit for a set period of time.
- Landlord consent is required.
- Tenant and Subtenant both have protections under the Residential Tenancies Act (RTA).
✅ Occupancy Arrangement
- Commonly occurs in student houses where tenants are on a joint lease with other tenants.
- One tenant in a shared property with other tenants (on a joint lease) is leaving for a set amount of time and wanting to rent their room while they are away.
- The occupant is occupying a room in a house where other tenants remain.
- The occupant pays the tenant, and the tenant pays the landlord.
- Landlord permission is not required for an occupancy, but you should have the permission of the remaining tenants.
Neither party has protections under the Residential Tenancies Act, and small claims court would be the appropriate route for disputes.
A sublet, and occupancy are essentially the same thing, but what changes is if it is a joint lease or a single tenancy lease. The other change is who resolves disputes for sublets and occupancies. In a sublet, it would be the Landlord and Tenant Board (LTB) and for an occupancy, it would be through civil court.
For both situations, an agreement is important. Understanding the distinction before advertising your room can help you avoid confusion, protect yourself, and ensure everyone involved understands the arrangement. If you have questions and would like to better understand what should be included in your agreement, feel free to schedule an appointment with one of the Off-Campus Living Advisors to further discuss.