Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Once 30 days have passed and the tenancy is officially terminated, the landlord is allowed to sell, keep or dispose of the remaining items. If the family or estate comes forward within six months to claim the belongings or the proceeds from their sale, you must return the items or pay the remainder of the sale proceeds, minus the landlord’s out of pocket expenses or any rent arrears.
If the family member is a spouse, whether married or common law, they have the right to remain in the unit, with the tenancy continuing as usual.
When a tenant dies, the tenancy ends 30 days after the death of the tenant. If the family member living in the unit is not a spouse and is not on the lease, they do not automatically become a tenant and do not have a right to stay. If they refuse to move out after the tenancy ends, they would be considered an unauthorized occupant and you may file an A2 application with the Board to obtain an eviction order within 60 days after the tenancy ends.
When the tenant dies, and there are no other tenants in the rental unit, the tenancy is deemed to be terminated 30 days after the death of the tenant. During this period, only a legally recognized Estate Trustee such as an Executor or Administrator has the authority to access the unit and or remove belongings. If no Executor or Administrator exists, then the tenant’s family may be given reasonable access to the unit and the residential complex. As the landlord, you are responsible for securing the unit and ensuring that access is granted only to authorized estate representatives, which means confirming that any family members seeking entry have proper legal documentation.
If the tenancy is subject to the Residential Tenancies Act, the rules on when a tenant dies are set out under section 91. If there are no other tenants in the rental unit the tenancy is deemed to be terminated 30 days after the death of the tenant. A landlord is required to preserve any property belonging to the tenant other than property that is unsafe or unhygienic. A landlord is required to allow the executor or administrator of the tenant’s estate or, in the absence of an executor or administrator, a tenant’s family member reasonable access to the unit for the purpose of removing the tenant’s property. Our fact sheet on Tenant Belongings offers information on the disposal of belongings https://landlordselfhelp.com/media/2024-Tenant-Belongings.pdf
You should obtain written authorization from the family member permitting you to obtain these documents, otherwise you should only enter the rental unit to dispose of any unsafe and unhygienic items.