- A landlord's death does not end the tenancy, so the estate and any heir take the property subject to the existing tenancy.
- The estate trustee steps into the landlord's role, including collecting rent.
- Two routes can allow a landlord to end a tenancy for own use: under s. 48(1), the landlord can give notice if in good faith they need the unit for at least one year for themselves, a spouse, a child or parent of either, or a qualifying care provider, and under s. 49(1), a landlord of a complex with no more than three units who has agreed to sell can give notice on behalf of a purchaser who in good faith needs the unit, while otherwise the tenancy continues with the buyer.
You have lost someone who owned a rented house or small building, and now there are tenants in it. They may be asking who they pay, whether they have to move, or whether the property is being sold.
The short answer is that the tenants usually stay. This article explains who steps into the landlord's role, the two main routes to getting a unit empty, and how a sale of the property works in Ontario.
Does the tenancy continue after the landlord dies?
Yes. A landlord's death does not end the tenancy.
In practical terms, the lease or tenancy terms, the rent and the tenant's rights carry on. Neither the estate nor an heir can simply ask the tenants to leave because the owner has died.
Who collects the rent and acts as landlord?
The RTA says "landlord" includes the heirs, assigns, personal representatives and successors in title of the owner. When a landlord dies, the estate trustee steps into the landlord's role, including collecting rent.
This fits with the general estate rules. On death, a person's real and personal property passes to and vests in the personal representative (estate trustee), who holds it as trustee for the people entitled to it. Tenants should be told clearly who to pay and how, and the trustee should keep rent and expenses separate from personal money.
Getting a unit empty: the two main routes
The RTA allows a landlord to give notice to end a tenancy in limited situations. Two are most relevant when a rental property is inherited.
| Route | Who it covers | Key requirement |
|---|---|---|
| Landlord's own-use notice | The landlord, the landlord's spouse, a child or parent of either of them, or a qualifying care provider | The need must be in good faith, for residential occupation for at least one year |
| Purchaser's own-use notice | A buyer, the buyer's spouse, a child or parent of either of them, or a care provider | The landlord has agreed to sell, the complex has no more than three units, and the buyer needs the unit in good faith |
Whether an estate trustee, as opposed to an individual heir, can rely on the own-use route depends on the facts. The Act also attaches further requirements to these notices, which can include compensation, notice periods and good-faith rules. Get advice on those before giving any notice, because a notice that does not meet the rules may not be effective.
Selling the rental property with tenants in it
An estate trustee can generally sell estate real property without the beneficiaries agreeing. The exception is a sale made only for the purpose of distribution. That kind of sale needs the approval of a majority of the beneficiaries, and where minors or persons under disability are involved, the approval of the Children's Lawyer or the Public Guardian and Trustee, as applicable. Without that approval the sale is not valid.
A house is also available to pay the deceased's debts, costs and expenses, in the same way as other estate property. So a sale may be needed even if the beneficiaries would rather keep the property.
If the building has no more than three units and the estate has agreed to sell, the buyer may be able to give notice for their own use or for a qualifying family member. Otherwise the tenancy continues with the buyer. Tell any buyer about the tenancies early, since it affects what they are buying and when they can move in.
What to do next
- Confirm who the estate trustee is and whether a Certificate of Appointment of Estate Trustee is needed; Ontario guidance says probate is normally required where the deceased owned real property.
- If the property must be sold, get the certificate before anyone signs an agreement of purchase and sale.
- Gather the leases, rent records, deposits and tenant contact details, and tell tenants in writing who to pay.
- Check whether any heir truly needs a unit for family use before anyone raises moving out with a tenant.
- Do not serve any notice until a lawyer has reviewed the compensation, notice and good-faith requirements.
- Ask a lawyer or accountant about tax on the property; that is a separate topic from the tenancy.
Frequently asked questions
Do the tenants have to move out because the landlord died?
No. The landlord's death does not end the tenancy, and an estate trustee or beneficiary who inherits the property takes it subject to the existing tenancy.
Who do tenants pay after the landlord's death?
The estate trustee steps into the landlord's role, including collecting rent. Let tenants know in writing who the trustee is and how to pay.
Can an heir move into a rented unit?
Only through the Act's process. A landlord can give notice if the landlord in good faith needs the unit for residential occupation for at least one year by the landlord, the landlord's spouse, a child or parent of either of them, or a qualifying care provider. Whether the estate trustee or the heir can use this depends on the facts, so get advice first.
Can the estate sell the property without all the beneficiaries agreeing?
Generally yes, unless the sale is only for the purpose of distribution. A distribution-only sale needs majority approval of the beneficiaries, plus approval of the Children's Lawyer or the Public Guardian and Trustee where minors or persons under disability are involved.
Sources
- Residential Tenancies Act, 2006, S.O. 2006, c. 17 (e-Laws) — Ontario e-Laws
- Estates Administration Act, R.S.O. 1990, c. E.22, s. 2(1) — Ontario e-Laws
- Ontario.ca – Apply for probate of an estate — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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