Understanding Ontario Form A2: Sublets & Assignments Explained
If you're a tenant in Ontario and need to leave your rental temporarily or permanently, you might wonder how to transfer your rental agreement to someone else. The process involves a formal request using Form A2 – Sublet or Assignment Form, an essential tool under Ontario's rental laws.
What Is Form A2 – Sublet or Assignment Form?
Form A2 is the official application to your landlord if you want to either sublet your unit or assign your lease to another person. It's created and managed by the Landlord and Tenant Board of Ontario, which is the tribunal responsible for rental matters in the province.
The Difference: Sublet vs. Assignment
- Sublet: You (the original tenant) temporarily move out, someone else lives there, but you plan to return. You’re still responsible for the lease.
- Assignment: You transfer your rental agreement completely to someone else, and you do not return.
It's important to know which action suits your circumstances, as rights and responsibilities can differ.
When Should You Use Form A2?
Use Form A2 when:
- You need to temporarily leave your rental (e.g., traveling, work placement) and want someone else to stay in your place (sublet).
- You want to end your rental entirely by transferring your agreement to another person (assignment).
Without written landlord approval, subletting or assigning your lease is not permitted, and you could face legal issues. Form A2 helps formalize your request and ensures the process follows the Residential Tenancies Act, 20061.
How to Complete and Submit Ontario Form A2
Here’s a practical overview of how tenants should use Form A2:
- Download the official Form A2 directly from the Landlord and Tenant Board: Download Form A2.
- Fill out your details: Include your name, contact information, address of rental, and whether you are requesting a sublet or assignment.
- Identify the proposed new occupant: Provide details about the person you want to sublet to or assign your lease.
- Sign and date the form: You and, if possible, the proposed new occupant should sign.
- Submit the form to your landlord: Deliver a completed copy to your landlord and keep a copy for your records.
Your landlord must respond to your request in writing within a reasonable time. They cannot unreasonably refuse an assignment or sublet, but they can insist on approving the new occupant.
What If the Landlord Refuses?
If your landlord says no or doesn't respond, you may apply directly to the Landlord and Tenant Board for a ruling. Details about tenant and landlord rights regarding assignments can also be found in Tenant Rights in Ontario and the Residential Tenancies Act, 2006.
Your Rights and Responsibilities During a Sublet or Assignment
Both subletting and assigning come with key obligations:
- In a sublet, you remain responsible for rent and any damage, even if you’re away.
- In an assignment, your legal relationship with the landlord ends when the new tenant takes over.
Reviewing your lease helps clarify any special rules or conditions. For more on these landlord and tenant obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Related Forms and Helpful Resources
- Notice of Termination: For ending your tenancy without assignment, different forms and rules apply. Learn more at LTB official forms page.
- Fact Sheets and Guide: The Board's website features helpful guides on sublets and assignments.
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Common Issues, Tips, and Next Steps
- Never sublet or assign without written landlord approval to stay protected.
- Get all agreements in writing and keep copies for your records.
- Before you leave, check out What to Do If You Need to Leave Your Rental Before the Lease Expires for tips on ending early.
Frequently Asked Questions about Sublets, Assignments, and Form A2
- Do I need my landlord's approval to sublet in Ontario?
Yes. Without written approval, you can't sublet. Make your request using Form A2 to ensure proper documentation and legal protection. - How long does my landlord have to respond to a sublet or assignment request?
Your landlord must respond within a reasonable time, but if they delay or refuse with no valid reason, you can apply to the Landlord and Tenant Board for help. - Am I still responsible if I sublet my rental?
Yes. Even when subletting, you’re still responsible for the lease, rent payment, and damages. - What's the difference between subletting and assigning my lease?
Subletting is temporary (you plan to return); assignment is permanent (the new tenant takes over and you move out for good). - Is there a fee to apply for sublet or assignment?
No, there is no fee to submit a Form A2 to your landlord. However, fees may apply if you need to involve the Landlord and Tenant Board for a hearing.
Conclusion: Key Takeaways for Ontario Tenants
- Always use Form A2 for sublets or assignments and keep copies for your records.
- Your landlord can't refuse a sublet/assignment without a valid reason, and you can seek help from the Landlord and Tenant Board.
- Understand your ongoing responsibilities—especially if you’re subletting and planning to return.
Before making any decisions, review your lease and consider your long-term rental needs. For more details on tenant rights, see Tenant Rights in Ontario.
Need Help? Resources for Tenants
- Landlord and Tenant Board Ontario (LTB): Official LTB Website
- Ontario Ministry of Municipal Affairs and Housing: Provincial tenant rights information
- Legal Aid Ontario: Tenant legal assistance
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