A2 Form: Evicting an Unauthorized Occupant or Overholding Subtenant in Ontario

The A2 is the Ontario Landlord and Tenant Board (LTB) application about sublets and assignments. Landlords use it mainly to end the tenancy and evict an unauthorized occupant, meaning someone the tenant handed the unit to without the landlord's consent, or to evict a subtenant who stayed past the end of an authorized sublet. Its defining feature is a short, unforgiving deadline: if you do not apply within 60 days of discovering the unauthorized occupant, the law treats that person as your tenant.

At a glance

What the A2 is for

Under the Residential Tenancies Act, 2006 (RTA), a tenant may assign the unit (transfer the whole tenancy and leave for good) or sublet it (let someone occupy it for a period while the tenant keeps the right to return), but only with the landlord's consent (ss. 95, 97). When a tenant moves out and gives the unit to someone else any other way, s. 100 lets the landlord apply for an order terminating the tenancy and evicting both the tenant and the person the tenant transferred occupancy to. That person is the unauthorized occupant.

The A2 gives landlords three grounds:

• Reason 1: unauthorized occupant (s. 100). You can ask for an order ending the original tenancy and evicting the occupant, and for compensation for each day the occupant stays. Compensation is available only if the occupant is still in possession when you file (s. 100(3)). Accepting compensation does not create a tenancy unless you and the occupant agree otherwise (s. 103(2)).
• Reason 2: overholding subtenant (s. 101). A subtenant has no right to stay after the subtenancy ends (s. 97(5)). Either the landlord or the tenant can apply to evict.
• Reason 3: mobile home or land lease site assignment (s. 159). When a tenant sells their home and asks you to consent to assigning the site to the buyer, you cannot refuse unless the Board finds your grounds reasonable, and you must apply within 15 days or you are deemed to have consented.

What the A2 cannot do: it does not deal with rent arrears or damage by the original tenant, and it is not the tool when the tenant still lives in the unit with other people.

When to use it (and when not to)

The facts decide which form applies. Getting this wrong is the most common reason an A2 fails.

• The tenant has moved out and someone else is living there without your consent. This is an A2, Reason 1. Typical examples: the tenant "gave" the apartment to a friend or relative; the tenant listed it and collected rent from a stranger; an occupant stayed on after the tenant left.
• The tenant still lives there and has added a roommate or occupant. This is not a sublet or an assignment, and not an A2. Interpretation Guideline 21 says that when a tenant lets someone live with them without vacating, no sublet is created and your consent is not required. If the extra people cause problems (interference, damage, overcrowding), the route is a notice of termination such as the N5, followed by an L2.
• The original tenant died. The tenancy is generally deemed terminated 30 days after the death of a sole tenant (RTA s. 91). A surviving spouse who was living in the unit may be treated as a tenant under O. Reg. 516/06, s. 3. Read Guideline 21 before choosing a form.
• You consented to a sublet and the subtenant will not leave. This is an A2, Reason 2.
• You want to negotiate instead. Within 60 days of discovering the unauthorized occupancy you may sign a new tenancy agreement with the occupant, and the rent you agree to is lawful (s. 104(1), (3)). If you do neither (sign a lease nor file an A2) within that time, the occupancy is deemed an assignment with your consent, backdated to when it began (s. 104(4)). Doing nothing amounts to accepting the person as your tenant on the old lease.
• A tenant asks to assign or sublet. You do not file anything. You respond to the request. You may refuse an assignment outright, but you cannot arbitrarily or unreasonably refuse a specific proposed assignee (after consenting in principle) or subtenant (ss. 95(5), 97(2)). You may charge only reasonable out-of-pocket expenses for giving consent.

Deadlines and limitation periods

• Reason 1: 60 days from discovery. The application "must be made no later than 60 days after the landlord discovers the unauthorized occupancy" (s. 100(2)). The clock runs from when you discover it, not from when the occupant moved in. That is why the form asks for the date you were first aware, and why you should record exactly how and when you found out.
• Reason 2: 60 days from the end of the subtenancy (s. 101(2)).
• Reason 3: 15 days from the tenant's request (s. 159(2)). The Board can extend this time (RTA s. 190(1)), but a Request to Extend Time must be filed together with the application (Rule 16.2), and there is no guarantee it will be granted.
• Count the filing date, not the sending date. A document is filed the day it is received by email, the day it is handed in at ServiceOntario, the next business day after it is given to a courier, or the fifth non-holiday day after mailing (Rule 4.8). Mailing on day 58 misses a 60-day deadline.
• The cost of missing Reason 1. After 60 days without a new agreement or an A2, the occupant is deemed an assignee (s. 104(4)). From then on, ending that tenancy needs an ordinary ground for termination (a notice and an L1 or L2), not an A2.

How to fill out the A2, section by section

The current form is version 01/04/2022. Landlords complete Parts 1, 3 and 4; Part 2 is for tenants. Print or type in capital letters, and use the official A2 instructions alongside the form.

Part 1: General Information

• Applicant Information. Shade "Landlord". Enter the landlord's name or company name, mailing address, phone and email. Add co-landlords on a Schedule of Parties.
• Address of the Rental Unit. Full address including the unit number and postal code.
• Other Parties to the Application. The tenant is always an other party. For Reason 1, name both the tenant and the current occupant (shade "Current Occupant"). For Reason 2, name both the tenant and the subtenant. Add extra people on a Schedule of Parties. If you do not know the occupant's legal name, the A2 instructions do not say what to enter and the LTB has not published guidance on it. Give whatever name or description you have and ask the LTB before filing.
• Related Applications. List the file numbers of any unresolved applications about the unit.

Part 3: Reasons a Landlord Can Apply

Reason 1: The tenant transferred the tenancy to another person without my consent.

• Order ending the original tenancy and evicting the unauthorized occupant. Shade this box and enter the date you were first aware there was an unauthorized occupant (dd/mm/yyyy). This date must be within 60 days of filing.
• Order for compensation for each day they remain. Shade this box, enter the rent the tenant was paying before the transfer, and say whether it was monthly, weekly or other. Compensation runs from the date you discovered the occupant. If you claim it from an earlier date, give the date and explain why.
• NSF Cheque Charges. Only for cheques the unauthorized occupant gave you that bounced. For each, enter the cheque amount and date, the date the bank charged you, the bank charge, and your administration charge. The administration charge is capped at $20 per cheque (O. Reg. 516/06, s. 17). The "Total Charge" column is the bank charge plus the administration charge. Do not include the face amount of the cheque.

Reason 2: The subtenancy has ended and the subtenant has not moved out. Shade the box and enter the date the subtenant was supposed to leave.

Reason 3: Mobile home or land lease site. Shade the box and explain in detail why you refused consent to the assignment of the site and why your reasons are reasonable. If you are past 15 days, attach a Request to Extend Time.

Shade every box that applies. The Board may grant a different remedy from the one you selected.

Part 4: Signature

Shade "Landlord" or "Representative", sign and date. A representative fills in their name, Law Society number and contact details.

Payment Information Form

Shade the payment method. For email filing, pay first on the Online Payment for Tribunal Applications page and write the 7-digit receipt number on the form.

Filing it

• By email: pay the $201 fee online with Visa or Mastercard (credit or debit), then within 24 hours email the application and the payment receipt to LTBpayments@ontario.ca. The subject line should give the receipt number and the unit address. If the application is not received within 24 hours of payment, the payment is refunded and nothing is filed. Never email card numbers.
• By mail or courier: pay by certified cheque or money order to the "Minister of Finance", or by credit card on the Credit Card Payment Form. Allow for the deemed-filing dates above.
• At ServiceOntario: in person at a location that accepts LTB filings. You can pay by cash, debit, credit, certified cheque or money order.

Fees are non-refundable; see the LTB fees page. A Fee Waiver Request is available if you qualify. The LTB normally serves the Notice of Hearing and application on the parties (Rule 5.1). If it directs you to serve, do so at least 15 days before the hearing and file a Certificate of Service within five days (Rules 5.9, 5.15). Send the other parties your evidence directly.

Mistakes that get it refused, voided or dismissed

1. Filing after day 60. On Reason 1 this is fatal in practice: the occupancy has already become a deemed assignment, so there is no unauthorized occupant left to evict. Start counting on the day you find out, and keep the proof (an email, an inspection note, a conversation log).
2. Using the A2 when the tenant still lives there. A roommate or added occupant living with the tenant is not a sublet or an unauthorized transfer. The application will be dismissed and you will have lost time. Use the termination notices instead.
3. Leaving the occupant (or tenant) off as a party. Section 100 orders evict the tenant and the transferee. If either is missing from the application, the order may not bind them, and the Sheriff enforces only against the people named.
4. Accepting rent "as a tenant" and signing documents. Taking compensation alone does not create a tenancy (s. 103(2)). But a signed lease, rent receipts in the occupant's name described as rent, or a written welcome can be evidence that you agreed to a new tenancy under s. 104(1).
5. Claiming compensation when the occupant has already left. Compensation under s. 100(3) is available only if the unauthorized occupant is in possession when you file.
6. Unsupported "date first aware". If the evidence shows you knew earlier (for example, you had been collecting money from the occupant for months), the Board may find the 60 days had already run.
7. Reason 3 filed late without a Request to Extend Time. Without a timely application, you are deemed to have consented to the site assignment (s. 159(4)).
8. Unpaid LTB fines or fees. An applicant who owes the LTB money may have the application refused or discontinued until it is paid (Rule 6.1).
9. Not attending the hearing. If the applicant does not attend, the application may be dismissed; missing a case management hearing without exceptional circumstances can see it dismissed as abandoned (Rules 9.4, 21.4). Bring the lease, proof of when and how you discovered the occupancy, and any communications with the tenant.

What happens next

The Board schedules a hearing. Because an A2 under Reason 1 or 2 seeks eviction, the member must consider whether to refuse or delay the eviction under s. 83. Since Bill 60, a delay you do not agree to requires the Board to be satisfied it would not be unfair to you or other tenants and that there are compelling reasons for it. If the order is granted, file it with the Court Enforcement Office (Sheriff) to enforce the eviction; only the Sheriff can remove people. Any party may request a review within 15 days of an order issued on or after July 1, 2026.

Recent changes

• July 1, 2026: the deadline to request a review of an LTB order fell from 30 days to 15 days for orders issued on or after that date (Rule 26.5).
• September 21, 2026 (Bill 60): a tenant's request to delay an eviction that the landlord does not agree to now requires both "not unfair" and "compelling reasons". The A2 itself was not among the forms replaced on September 21, 2026. The current version is still 01/04/2022.
• Sections 95–104 of the RTA, which set the A2 grounds and the 60-day rule, were not amended by Bill 60.

Frequently asked questions

What is an unauthorized occupant in Ontario?

It is a person living in a rental unit because the tenant transferred occupancy to them without the landlord's consent, not through an approved assignment or sublet. Usually the original tenant has moved out. An occupant has no rights against the landlord under the RTA unless they become a tenant.

How long do I have to evict an unauthorized occupant?

You must file the A2 no later than 60 days after you discover the unauthorized occupancy. If you neither file nor sign a new tenancy agreement with the person in that time, the occupancy is deemed an assignment with your consent and the person becomes your tenant.

Can I just change the locks or call the police?

Self-help is a serious risk. Until the Board ends it, the original tenancy still exists, and the occupant may claim to be a tenant (by deemed assignment or a new agreement). If they are right, a lock change is an unlawful lockout. The safe route is an A2 order enforced by the Sheriff.

Do I need to serve a notice before filing an A2?

No notice of termination is required for an A2. You file the application directly, within the deadline, naming both the tenant and the occupant.

Can I charge the occupant rent while the A2 is pending?

You can claim compensation for use and occupation on the A2 if the occupant is still there when you file. Accepting compensation does not, by itself, create a tenancy. Avoid signing anything that treats the person as your tenant unless that is what you intend.

My tenant wants to sublet. Do I have to agree?

You cannot arbitrarily or unreasonably refuse a specific proposed subtenant, and you may charge only reasonable out-of-pocket expenses for giving consent. A tenant whose request is unreasonably refused can apply on the A2 (tenant side).

Official sources

• Form A2 – Application about a Sublet or an Assignment (PDF)
• A2 Instructions
• LTB Forms, filing and fees
• Residential Tenancies Act, 2006, ss. 95–104 and 159
• O. Reg. 516/06 (General)
• Interpretation Guideline 21: Landlords, Tenants, Occupants and Residential Tenancies
• LTB Rules of Procedure
• LTB Operational Update, July 1, 2026

Last reviewed October 31, 2026. This page is general information, not legal advice for your situation. Always use the current version of the form from the LTB.