Question 1

What happens after the 72 hours has passed and the tenant did not retrieve their belongings? Can the landlord keep, sell or dispose of them? Does the landlord have to compensate the tenant if they make a claim after the 72 hours have passed?

Nick Straughan · Accepted Answer

If the tenant does not come for their belongings within the 72 hour period then you are allowed to sell, retain or dispose of their property. Section 41 of the Residential Tenancies Act outlines this in more detail:

41. (1) Disposal of abandoned property if unit vacated – A landlord may sell, retain for the landlord’s own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with,

(a) a notice of termination of the landlord or the tenant;

(b) an agreement between the landlord and the tenant to terminate the tenancy;

(c) subsection 93 (2); or

(d) an order of the Board terminating the tenancy or evicting the tenant.

(2) Where eviction order enforced – Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant’s property before 72 hours have elapsed after the enforcement of the eviction order.

(3) Same – A landlord shall make an evicted tenant’s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.

Question 2

What happens after the 72 hours has passed and the tenant did not retrieve their belongings? Can the landlord keep, sell or dispose of them? Does the landlord have to compensate the tenant if they make a claim after the 72 hours have passed?

Nick Straughan · Accepted Answer

If the tenant does not come for their belongings within the 72 hour period then you are allowed to sell, retain or dispose of their property. Section 41 of the Residential Tenancies Act outlines this in more detail:

41. (1) Disposal of abandoned property if unit vacated – A landlord may sell, retain for the landlord’s own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with,

(a) a notice of termination of the landlord or the tenant;

(b) an agreement between the landlord and the tenant to terminate the tenancy;

(c) subsection 93 (2); or

(d) an order of the Board terminating the tenancy or evicting the tenant.

(2) Where eviction order enforced – Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant’s property before 72 hours have elapsed after the enforcement of the eviction order.

(3) Same – A landlord shall make an evicted tenant’s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.

What happens after the 72 hours has passed and the tenant did not retrieve their belongings? Can the landlord keep, sell or dispose of them? Does the landlord have to compensate the tenant if they make a claim after the 72 hours have passed?

What happens after the 72 hours has passed and the tenant did not retrieve their belongings? Can the landlord keep, sell or dispose of them? Does the landlord have to compensate the tenant if they make a claim after the 72 hours have passed?

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What happens after the 72 hours has passed and the tenant did not retrieve their belongings? Can the landlord keep, sell or dispose of them? Does the landlord have to compensate the tenant if they make a claim after the 72 hours have passed?

What happens after the 72 hours has passed and the tenant did not retrieve their belongings? Can the landlord keep, sell or dispose of them? Does the landlord have to compensate the tenant if they make a claim after the 72 hours have passed?

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