1

Say someone intends to rent out a real property (house, apartment, etc.) to someone.

Must they own the property to legally do so?

I mean, is it legal to rent out a property if it's in the process of rent-to-own, a mortgage, etc., but isn't completely paid off and owned 100% at the time; or must it be owned to legally rent to others?

Applying only to Canada.

  • 1
    In general, you may rent out a property of which you have possession. If you possess the property through a lease, for example, you can rent the property to a sublessee. In many cases, however, you will need the permission of the owner before you can sublet the property. I'm posting this as a comment because I don't know specifically about Canadian property law. – phoog Apr 26 '16 at 19:09
1

You certainly don't need to own the property free and clear of all encumbrances--you can rent or even have a bed-and-breakfast in a home you have a mortgage on, for example. There may be further limits in a particular circumstance, for example, a prohibition against sub-leasing in a rental agreement or a limitation of liability in your insurance coverage.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.