Property left behind by a tenant세입자가 두고 간 물건

What is it?

Sometimes a tenant moves out and leaves things behind: furniture, clothes, boxes. When can the landlord sell, keep or throw them out?

Ontario’s Residential Tenancies Act (RTA) sets different rules depending on how the tenancy ended (sections 41, 42 and 91–92). So the first question is always: how did the tenant leave?

While a tenant still lives in the unit, it is a different story. A landlord cannot take a tenant’s property for unpaid rent or any other breach without legal process (section 40).

How the tenancy ended changes the rules

There are separate rules when a mobile home park tenant leaves their own mobile home behind (registered letter, a newspaper notice and 60 days). See the LTB brochure "Property Left Behind When a Tenant Moves Out".

If the tenant left after a notice or agreement

If the tenant moved out under a notice to end the tenancy (from the landlord or the tenant’s own N9), an agreement, or an LTB order, the landlord may sell, keep or dispose of what is left (section 41 (1)). The LTB says this can happen "immediately" in most cases.

But the landlord and tenant can agree to other terms (section 41 (5)). The LTB’s example: agreeing that the tenant can store a sofa in the basement for two weeks after moving out. Put any such agreement in writing.

The LTB says a landlord who follows these rules and takes reasonable care to keep the property safe while storing it is not liable for selling, keeping or disposing of it (section 41 (4)).

After a Sheriff eviction: the 72-hour rule

• For 72 hours after the Sheriff enforces an eviction order, the landlord cannot sell, keep or throw away the tenant’s property (section 41 (2)).
• During those 72 hours the landlord can leave the items in the unit or move them to a safe place close by. The tenant must be able to pick them up between 8 a.m. and 8 p.m. (section 41 (3) and O. Reg. 516/06, section 46).
• If the tenant does not come within the 72 hours (and there is no other agreement), the tenant loses all rights to the property.
• If the landlord blocks the tenant or disposes of things before the 72 hours are up, the tenant can file a T2 application with the LTB. The LTB can order the landlord to return the property, pay repair or replacement costs and other out-of-pocket costs, not do it again, and pay an administrative fine of up to $10,000 or the Small Claims Court limit, whichever is greater (section 41 (6)).
• It is also an offence (section 234). You can report it to the Ontario government’s Rental Housing Enforcement Unit (1-888-772-9277). On conviction, the fine is up to $100,000 for an individual and up to $500,000 for a corporation.

If you need your things back quickly, the LTB says you can file its "Request to Extend or Shorten Time" form with your T2 to ask for an early hearing.

What "abandoned" means

According to the LTB, a tenant has abandoned the unit if they owe rent and move out without an agreement, a notice to end the tenancy, or an LTB eviction order. If the rent is paid up, the unit is not abandoned (section 2 (3)). A unit is not abandoned just because things are missing or the tenant has not answered for a few days.

To deal with the property, the landlord must do one of two things (section 42 (1)): (1) file Form L2 with the LTB for an order that the unit was abandoned and the tenancy has ended (section 79). No notice is needed first and there is no filing deadline. The fee is $201, or $186 on the online portal. (2) Give the tenant a notice that the landlord intends to sell, keep or dispose of the property, with a copy to the LTB. There is no LTB form for this notice. If the landlord does not know the new address, it can go to the last known address or a business address.

Locks: a landlord cannot change the locks without giving the tenant new keys (section 24). The LTB says there are only two exceptions: the Sheriff has evicted the tenant, or the landlord is sure the tenant has abandoned the unit. If you are not sure, getting an L2 order is the safer path.

Abandoned unit: 30 days and 6 months

1. Day 0: the landlord gets the LTB order, or gives the notice to the tenant and the LTB. Unsafe or unhygienic items, such as rotting food, can be thrown out right away (section 42 (2)).
2. Within 30 days: if the tenant says they want their things, they can take them within that 30-day period. The landlord must make the items available at a reasonable time and at a place close to the unit (section 42 (4)–(5)).
3. Before handing them over, the landlord can ask the tenant to pay rent owing and reasonable costs of moving, storing or securing the items (section 42 (6)).
4. After 30 days: the landlord can sell, keep or dispose of the items (section 42 (3)).
5. Within 6 months: if the landlord sold the items, the tenant can claim the sale money left after costs and rent owing (section 42 (7)). The LTB says that if the landlord kept or threw away the items, the tenant has nothing to claim.

If the tenant dies

If a tenant dies and no other tenant lives in the unit, the tenancy is treated as ended 30 days after the death (section 91 (1)). Until then, the landlord must keep the tenant’s property (except unsafe or unhygienic items) and give the executor or administrator, or a family member if there is none, reasonable access to remove it (section 91 (2)).

After the 30 days, the landlord may deal with the property. But if, within 6 months of the death, the executor or family claims it, the landlord must pay the estate the sale money left after costs and rent owing, or return items the landlord kept (section 92 (3)–(4)). The landlord and the executor can also agree to other terms (section 92 (5)).

Example

What landlords and tenants should do

• Landlords: first confirm how the tenant left (notice, agreement, Sheriff eviction, abandonment, death) and follow the matching rule. If you are unsure, ask the LTB or a lawyer before you get rid of anything.
• Landlords: record photos, a list of the items and dates, and keep your messages with the tenant in writing. Keep the items safe while you store them.
• Landlords: if the tenant still lives there, do not take their things or change the locks. That is illegal (sections 24 and 40).
• Tenants: move all your belongings before the move-out date. If you need more time, ask the landlord in writing and get the agreement (what, where, until when) in writing.
• Tenants: if the Sheriff evicted you, collect your things within 72 hours (8 a.m. to 8 p.m.). If the landlord refuses, contact the LTB (T2) or the Rental Housing Enforcement Unit right away.