Area of Law: Landlord and Tenant
Answer # 445
What happens to a tenant's property after eviction?Region: Ontario Answer # 445
Only a Sheriff can evict tenants from their homes and only after the landlord has obtained an Order from the Landlord and Tenant Board. If you are having trouble with your tenant or your landlord and would like help, call a lawyer now.
What happens to a tenant’s property left behind after an eviction?
If a Sheriff evicts a tenant, the tenant will normally be required to leave immediately without being given an opportunity to take personal property. Tenants then have only 72 hours to return to the unit and remove all their belongings, unless the landlord allows a tenant more time. If the landlord will not give the tenant more time to retrieve their things, and the tenant does not remove their property within the 72-hour period, the landlord has the right to dispose of the property. This means that the landlord has the legal right to sell or throw away the tenant’s property.
If the Sheriff comes to evict you, it is a good idea to take important documents such as identification, passports or immigration papers, and any necessary medications, prescriptions and eyeglasses. If you have nowhere to go, take a change of clothes for yourself and any others living with you such as your children, and contact one of the emergency shelters near you.
What happens if a tenant abandons a unit?
A tenant has considered to have abandoned a unit if they owe rent and move out without making an agreement with the landlord to end the tenancy, giving notice to end tenancy, getting a notice to end tenancy from the landlord, or getting a Board Eviction Order.
In this case, if a landlord wants to sell, keep or dispose of a tenant’s abandoned property they must either:
- Apply to Board (L2 application) for an order stating the rental unit was abandoned and tenancy ended; or
- Serve a notice on the tenant stating they intend to sell, keep or dispose of property. The Board must also receive a copy.
The landlord must wait 30 days after giving the tenant notice, or receiving the Board’s order, before selling, keeping or disposing of the property. Special rules apply as to what happens during that 30-day period, and in the case of a tenant abandoning their unit, if the tenant wishes to reclaim their property within or after the 30 days have passed.
What happens if a tenant dies?
If a tenant dies, according to legislation, the tenancy agreement ends 30 days after the tenant dies. The property must remain in the unit for that 30 days. Special rules apply regarding the rights of the deceased tenant’s executor or representative regarding the property.
Contact the Landlord and Tenant Board for more information about tenancies and eviction procedures in Ontario.
Help for Tenants
A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.
If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-844-888-0442 .
If you are a Tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:
- Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
- Help establish a positive credit history with a new rent tradeline
- Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)
Help for Landlords & Property Managers
For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .
If you are a Landlord or Property Manager, you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:
- Attract financially responsible applicants interested in building credit with their rent
- Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
- Reduce Tenant turnover and improve monthly cash flow
Get legal help
If you are having trouble with your tenant or your landlord and would like help, call a lawyer now.
You now haveoptions: