If all the keys were returned, the tenant’s belongings are removed, and there are communications (i.e., text messages, e-mails, letters) showing the tenant’s intention to move out, then this is enough to trigger your right to clean the unit and show it to prospective tenants.
I have an order for eviction based on non-payment of rent. Why do I have to file with the Sheriff? Wouldn’t it just be easier to just change the locks on my own?
If the tenant were to pay all of the rent they owe, plus the costs of filing, and possibly even the Sheriff’s fees, then the tenant would void the eviction notice, and could stay in the unit. In that case, a landlord cannot assume that the tenant is definitely leaving.
If the payment is not made, then the landlord must apply to the sheriff for enforcement of the order unless the tenant has clearly moved out.
If you are 100% sure that the tenant has moved out, then you do not have to give 24 hours’ notice to enter to inspect, nor do you have to go to the Sheriff’s office.
The problem for most landlords is that they cannot know for certain that the tenant is gone, so you should “err on the side of caution” when coming to the conclusion about whether or not the tenant still resides in the unit. It just helps to avoid being fined by the Board, or being taken to the Board by the tenant for illegal entry, if they were still living there.
If your tenants have definitely moved out of the rental unit, a landlord may file a claim in Small Claims Court. The landlord must have the current residential address of the tenant in order to serve the claim. The forms for the Small Claims Court as well as additional information on the Small Claims Court may be obtained from their website: https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
My tenant was arrested and removed by police 3 weeks ago. I don’t know if he is in jail or coming back. How do I find out about him? Can I rent out his room? When? Most belongings were taken by police, what should I do with the few items remaining.
As you may know, the tenant being in jail does not mean the tenancy has ended. It is also unclear from your email whether or not the renter has to share a kitchen or bathroom with the owner (presumably you are the owner). If they do not, then you are likely dealing with a situation that would be considered abandonment – particularly if the rent was not paid. I’ve attached the link below from our website that address the issue of abandoned belongings, please review it to determine which situation would apply in your case https://landlordselfhelp.com/media/2017-tenants-belongings.pdf. If the unit really has been abandoned, then you have to decide for yourself that this is the case based on your own circumstances. You may re-rent the unit if you are sure he is not going to return to the property. however, we cannot help you with finding the tenant.
My tenant vacated the apt. at the end of November, 2012 and left behind many personal belongings. She has not replied to my emails and messages. How long must we hold on to these items? What is the process to dispose of them?
The rules on abandoned belongings vary depending on the circumstances the tenant vacated the premises. I can’t tell from your email whether the tenant vacated after notice was given or if she just abandoned the unit. I’ve attached the links below from our website that address the issue of abandoned belongings, please review it to determine which situation would apply in your case. https://landlordselfhelp.com/media/2017-tenants-belongings.pdf http://www.landlordselfhelp.com/podcast/1023/
I had a tenant in arrears and I filed with the Landlord and Tenant Board. The tenant has left the unit, belongings are in the shed. Can I keep those or throw them out?
If this means you received an order of termination after a hearing at the Landlord and Tenant Board, and the tenant moved out as a result, then pursuant to S. 41 (1) of the Residential Tenancies Act, 2006 you may keep, sell or dispose of any remaining belongings left behind by the tenant – either in the unit or anywhere on the residential complex such as the shed.
Can a landlord bill for the cost of repair and charge for the removal of large pieces of furniture which have been abandoned in the unit? If copies of keys have been made, can I demand that they be returned? Is Small Claims Court the way to go?
If you consider it worthwhile to take your former tenant to Small Claims Court—meaning if they are employed and you will be able to garnish wages using the court order if necessary—then your Plaintiff’s Claim can include things like repair or replacement costs, and excessive clean up or removal costs related to the tenancy. Small Claims Court generally takes about 4 months to go through. Effectiveness depends on too many variables to accurately forecast (your evidence, witnesses, receipts, may or may not be enough to get a good result). It is normal to get several estimates from qualified repair or clean-up companies, and then make written requests that the tenant pay a reasonable amount to cover these costs, before involving the Small Claims Court. There is no way to force a tenant to return keys to you, so it is prudent to change the locks between tenants regardless.