Tenant Belongings: Situation #1 – Tenant Vacates on Notice
Welcome to Landlord’s Self-Help Centre’s module on dealing with tenant belongings when the tenant vacates on notice. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Residential Tenancies Act, 2006
In Ontario, the Residential Tenancies Act is the provincial law that governs most residential rental agreements. It defines the rights and responsibilities of both landlords and tenants and outlines appropriate ways for dealing with tenant belongings.
Situations Involving Belongings
There are many situations involving tenant belongings left behind in a rental unit. This module will focus on Situation #1 where the tenant moves out according to a notice.
Situation #1- Tenant Vacates on Notice
When a tenant vacates on notice, this means that the tenant decided to move out of the rental unit on their own after
- Receiving a notice of termination from the landlord,
- Providing the landlord with a termination notice,
- Mutually agreeing to terminate the tenancy, or
- Receiving a Landlord and Tenant Board Order to terminate the tenancy by a specific date.
Belongings left in unit
If it is clear that the tenant moved out of the rental unit, the landlord is legally allowed to sell, keep or dispose of any belongings left behind.
If it is not clear whether the tenant moved out, the landlord should continue with the proper termination and eviction process.
How to verify if the tenant vacated?
To help you determine whether the tenant vacated the rental unit, consider the following:
- Did they return the keys?
- Did anyone see them move out?
- Did they send you an email or text message to let you know they are moving out?
- Did the disconnect the utilities?
If you are unsure whether the tenant actually vacated the rental unit based on the notice, agreement or Landlord and Tenant Board Order, it may be in the landlord’s best interest to complete the eviction process.
This may mean filing an application with the Landlord and Tenant Board and then filing for eviction with the Court Enforcement Office.
Thank you for watching this module about dealing with tenant belongings when the tenant vacates on notice.
The information offered in this presentation is intended as general information, it is not legal advice.
If you have a specific issue or situation, please contact a legal service provider.