My tenant has moved out and left property behind, what can I do with it?
If a tenant moves out of a rental unit and leaves property behind, it can leave a landlord wondering what they are able to do with the property.
If a tenant dies and there are no other tenants in the unit, the tenancy will terminate 30 days after the tenant dies.
An executor, administrator of the estate, or if none, a family member can come to an agreement about ending the tenancy and what to do with the former tenant's property.
As the tenancy remains for 30 days, a landlord can not do anything with the property for that period. However, a landlord may dispose of immediately, unhygienic and unsafe items.
During the 30 day period, the landlord must allow the estates representative reasonable access to the unit to remove the property.
After the 30 day period, the landlord may dispose of, sell or keep the property. However, the estates representative has 6 months to make a request to the landlord depending on what was done with the property.
If the landlord kept the property, the landlord must give it back to the estates representative if they are asked for it within 6 months of the former tenant's death.
If the landlord sold the property, they must give the proceeds of the sale to the estate representative if asked, minus any rent arrears and out-of-pocket expenses for the landlord.
If the landlord disposed of the property, the landlord is not required to give anything to the estates representative.
Important to note, if the tenant lived in a mobile home, the estate then takes over the tenancy and the tenancy can only end legally under the act. A landlord can not dispose of, sell or keep any of this property.
Can they dispose of it? Sell it? Keep it?
The Residential Tenancies Act sets out the law for landlords and tenants in Ontario, it has a set of rules that relate to this situation. If a landlord follows these rules, they can not be held liable for the property of the former tenant. Failure to follow these rules can result in the tenant being able to claim damages against the landlord.
Important to note, the rules that will be discussed will not relate to a situation where a tenant has moved out or died and their spouse remains in the unit.
If a tenant has moved out because of a legal notice, agreement to terminate, board order or their job as a superintendent has ended.
Most of the time a landlord can immediately dispose of, sell or keep the property.
If the tenant has left on good terms and a landlord agrees to store some of the property for a period of time to assist the tenant. The landlord must take reasonable care of the property and abide by the agreement. If they don't they could be liable for any damages, as they would have breached the agreement.
If the tenant has left on good terms and a landlord agrees to store some of the property for a period of time to assist the tenant. The landlord must take reasonable care of the property and abide by the agreement. If they don't they could be liable for any damages, as they would have breached the agreement.
If a landlord does make such an agreement, it should be in writing and state what would happen in the event the former tenant does not return to pick up the property left behind.
If the tenant abandons the unit.
A unit can be deemed abandoned only if a tenant owes rent and left the unit without:
A unit can be deemed abandoned only if a tenant owes rent and left the unit without:
- making an agreement with the landlord to end the tenancy, or
- being given legal notice to end the tenancy by the landlord, or
- giving notice to the landlord to end the tenancy, or
- being evicted as per an order of the Landlord & Tenant Board
If a unit is abandoned and a landlord wants to dispose of, sell or keep any property left behind. They must either:
- file an application with the Landlord & Tenant Board to deem the unit as abandoned, or
- send a notice to the tenant and the board stating that they will dispose of, sell or keep the property. (if a landlord does not know a new address for the tenant, they can send the notice to the last known address or a place of business.)
If a landlord gives a notice or received an order from the board, they must wait 30 days before they can dispose of, sell or keep the property. It must be stored safe, close by, if not in the unit.
Any unsafe or unhygienic items can be immediately disposed of.
Within these 30 days, if the tenant requests to pick up the property the landlord must allow them. However, the landlord may require the tenant pay any rent owed or out-of-pocket expenses before allowing the tenant to pick up the property.
After 30 days the landlord may dispose of, sell or keep the property.
Although, within 6 months of the date of the order or when the notice was given, a tenant can request that the proceeds of any sale of property be given to them, minus any rent owing and out-of-pocket expenses for the landlord.
If the landlord kept or disposed of the property, the landlord does not have to abide any request of the tenant with respect to the property.
Mobile home tenants are different.
A mobile home is abandoned if the tenant moved out because of:
- making an agreement with the landlord to end the tenancy, or
- being given legal notice to end the tenancy by the landlord, or
- giving notice to the landlord to end the tenancy, or
- a board order for eviction, or
- a board order stating the unit as abandoned
If a mobile home tenancy is terminated, the landlord must notify the tenant they are going to dispose of, keep or sell the mobile home.
A landlord must notify a tenant of this and must do it in two ways:
- send a registered letter to the tenants last known address, and
- publish a notice in the local newspaper.
After a landlord has followed both steps. the tenant will have 60 days from the day of notice to pick up their mobile home. The landlord can require that they pay any rent owing and out-of-pocket expenses before releasing the mobile home.
After 60 days the landlord can dispose of, keep or sell the mobile home.
The tenant will have 6 months to make a request to the landlord depending on what was done with the mobile home.
If the landlord kept the mobile home, they must return it if asked within 6 months, but only after being paid any rent owed or out-of-pocket expenses.
If the landlord sold the mobile home, they must give the proceeds to the tenant if asked within 6 months, minus any rent owed for out-of-pocket expenses.
If the landlord disposed of the mobile home, the landlord does not have to abide any request of the tenant with respect to the mobile home.
If the tenant dies.
If a tenant dies and there are no other tenants in the unit, the tenancy will terminate 30 days after the tenant dies.
An executor, administrator of the estate, or if none, a family member can come to an agreement about ending the tenancy and what to do with the former tenant's property.
As the tenancy remains for 30 days, a landlord can not do anything with the property for that period. However, a landlord may dispose of immediately, unhygienic and unsafe items.
During the 30 day period, the landlord must allow the estates representative reasonable access to the unit to remove the property.
After the 30 day period, the landlord may dispose of, sell or keep the property. However, the estates representative has 6 months to make a request to the landlord depending on what was done with the property.
If the landlord kept the property, the landlord must give it back to the estates representative if they are asked for it within 6 months of the former tenant's death.
If the landlord sold the property, they must give the proceeds of the sale to the estate representative if asked, minus any rent arrears and out-of-pocket expenses for the landlord.
If the landlord disposed of the property, the landlord is not required to give anything to the estates representative.
Important to note, if the tenant lived in a mobile home, the estate then takes over the tenancy and the tenancy can only end legally under the act. A landlord can not dispose of, sell or keep any of this property.
If the tenant is evicted by the Sheriff.
A landlord must wait 72 hours before they can dispose of, sell or keep any of the former tenant's property.
Within this period the landlord must leave the property in the unit or in a safe storage area close to the unit, so the tenant would be able to remove the property. The tenant must have access between 8:00 am and 8:00 pm within this 72 hour period.
After the 72 hours has passed, the landlord can dispose of, sell or keep any property left behind.
James Romeo Roussy
Licensed Paralegal
www.roussyparalegalservices.com
tel: 519-588-6579
email: roussyparalegalservices@gmail.com
A landlord must wait 72 hours before they can dispose of, sell or keep any of the former tenant's property.
Within this period the landlord must leave the property in the unit or in a safe storage area close to the unit, so the tenant would be able to remove the property. The tenant must have access between 8:00 am and 8:00 pm within this 72 hour period.
After the 72 hours has passed, the landlord can dispose of, sell or keep any property left behind.
James Romeo Roussy
Licensed Paralegal
www.roussyparalegalservices.com
tel: 519-588-6579
email: roussyparalegalservices@gmail.com
Disclaimer: We try our best to make sure this information is accurate. However, if you have a legal issue please contact us so we can advise you properly. Do not rely on this article as legal advice, as your situation should be evaluated and we can determine how you should proceed. We offer a free 30-minute consultation at Roussy Paralegal Services.