Ending a Deceased Tenant's Apartment Lease as Executor in Ontario

If the person who died rented their home, you may be wondering whether the estate owes rent for months to come. Ontario has a specific rule for this situation, and it gives the estate a short, defined window to deal with the unit.

This article explains how the tenancy generally ends, what you and the landlord must do in that time, and how to handle belongings. Tribunals Ontario has announced changes to the residential tenancy rules, so check the current rules before relying on the dates below.

How the tenancy ends

When a tenant dies and there are no other tenants, the tenancy ends 30 days after the death. The landlord and the estate's representative can agree to different terms. That agreement is useful if you need more time, or if you want to hand back the keys sooner.

If another person, such as a spouse or roommate, is also named on the lease, how this applies depends on your situation, so it is worth confirming with a lawyer.

Put any agreement with the landlord in writing, signed by both sides, with the end date and who pays what. Keep a copy with the estate records.

What the landlord can and cannot do in the first 30 days

For those 30 days the landlord must leave the deceased tenant's property in the unit. Unsafe or unhygienic items, such as rotting food, may be disposed of right away. The landlord must also give the estate's representative reasonable access to the unit and the complex so the belongings can be removed.

If a landlord changes the locks or refuses access, tell them in writing that you are the estate's representative and ask for a time to attend. Keep a record of every request.

• Bring proof of your role, such as the will or a court document.
• Take photos of the unit and belongings before moving anything.
• Remove valuables, papers and sentimental items first.
• Arrange for keys, fobs and parking passes to be returned.
• Ask the landlord to confirm any agreed end date in writing.

What happens after the 30 days

After 30 days the landlord may sell, keep or dispose of the property. The estate can still claim the property, or the sale proceeds less rent and the landlord's out-of-pocket expenses, for up to 6 months after the death. Property that has already been disposed of cannot be reclaimed. A landlord who follows the rules and takes reasonable care is not liable.

These rules do not apply to a deceased owner of a mobile home, where the estate takes over the tenancy.

Related tasks that come with the apartment

An estate trustee winds up the deceased's affairs, collects assets, pays debts and distributes what remains. How any rent owed or clearing costs are treated depends on your situation, so it is worth confirming with a lawyer. Under a will, distribution follows payment of funeral and burial expenses and any debts, so keep receipts for those as well.

If the deceased had an accessible parking permit, it must be returned to ServiceOntario within 30 days. The cost and timing of a death certificate depend on the type you order. A certified copy of death registration is available to next of kin or an authorized representative.

Check the will to see whether it says anything about particular belongings. Do not give items away before you know who is entitled to them.

What to do next

Act quickly, because the first window is short. Contact the landlord, confirm the date of death and ask what they plan to do. Then decide whether to agree on a different end date.

• Write to the landlord, identify yourself and state the date of death.
• Ask for the keys and access arrangements and confirm them in writing.
• Photograph the unit before you remove anything.
• Remove important papers, valuables and keepsakes first.
• Calendar the 30-day and 6-month dates from the date of death.
• Return any parking permits, fobs and keys.
• Check the current tenancy rules or ask a lawyer if anything is unclear.

Frequently asked questions