If we sublet our apartment, do we still pay rent to the landlord?

The legal effect of subletting is that you are still the tenants of the landlord and therefore still liable for the rent. The subtenant is also included within the definition of tenant under the Residential Tenancies Act and therefore also has a statutory duty under the Act to pay rent when due. You could arrange, with the agreement of the landlord, to have the subtenant pay the rent directly to the landlord, or you could collect it and pass it on.

If the subtenant does not pay the rent for any reason, you will still be liable to pay the landlord the rent.

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March 2006 More Renting a Place to Live FAQs:

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