- If a tenant dies and there are no other tenants of the unit, the tenancy is deemed to end 30 days after the death.
- If another tenant remains, the death does not automatically end the tenancy.
- The landlord must preserve the deceased tenant's property and give the estate reasonable access to remove it.
Losing a family member who rented their home brings practical questions fast. Does rent keep running? How long do you have to clear out the unit? What happens to furniture and personal items?
The Residential Tenancies Act, 2006 sets out specific rules for these situations. This article walks through them for family members, estate trustees and landlords.
When does the tenancy end?
If a tenant dies and there are no other tenants of the rental unit, the tenancy is deemed to end 30 days after the tenant's death.
The tenancy ends automatically in that situation. Until the tenancy ends, the landlord must still preserve the deceased tenant's property. Whether the estate owes or can pay rent in that window depends on the facts, so it is worth confirming with a lawyer. If you are handling the estate, plan around that 30-day window from the date of death.
If there is a surviving co-tenant
The automatic ending applies only where there are no other tenants of the rental unit. If another tenant remains, such as a spouse or roommate named on the lease, the tenancy is not deemed terminated by the death.
The surviving tenant generally continues under the lease. Whether they can afford the rent alone, or want to stay, is a separate question. If you are in that position, read your lease and get advice before assuming you must leave or must stay.
- Sole tenant who dies: tenancy deemed to end 30 days after death.
- Other tenants remain: tenancy not deemed terminated by the death.
What the landlord must do with belongings
Until the tenancy ends, the landlord must preserve the deceased tenant's property. The landlord must also give the executor or administrator of the estate, or a family member if there is none, reasonable access to the unit and the residential complex to remove the property.
This is why it helps to act quickly. The person handling the estate should contact the landlord, explain who they are and arrange times to remove belongings. Bring identification and, if you have it, something showing your role in the estate.
After the tenancy ends: unclaimed property
After the tenancy ends, the landlord may sell the deceased tenant's property left in the unit, keep it for the landlord's own use or otherwise dispose of it, and is generally not liable for doing so.
There are two important exceptions. The landlord may dispose of property that is unsafe or unhygienic immediately, without waiting for the 30-day period to end. And if the executor, the administrator or a family member claims the property within six months after the tenant's death, the landlord must pay the estate the sale proceeds minus allowed costs and rent arrears, or return property the landlord kept.
| Situation | What the Act provides |
|---|---|
| Property in the unit while the tenancy continues | Landlord must preserve it and allow reasonable access |
| Property left after the tenancy ends | Landlord may sell, keep or dispose of it |
| Unsafe or unhygienic items | May be disposed of immediately |
| Claim within six months of death | Proceeds paid to the estate less costs and arrears, or kept property returned |
What to do next
Whether the estate is responsible for any unpaid rent or other amounts depends on the facts and on what the estate holds. An estate trustee should be careful about paying debts too quickly, since the estate may have to deal with creditors fairly.
- Note the date of death and count 30 days from it.
- Find out whether anyone else is named as a tenant on the lease.
- Contact the landlord promptly and arrange access to the unit.
- Remove valuables, papers and sentimental items first, and take photos of what remains.
- Make any claim for property well within six months of the death.
- Ask a lawyer about rent owing, the security of the estate and your authority to act.
Frequently asked questions
Do I have to pay rent after the tenant dies?
The tenancy of a sole tenant is deemed to end 30 days after death. What is owed up to that point, and how the estate deals with it, depends on the facts and is worth confirming with a lawyer.
Can the landlord throw out the belongings right away?
Generally no. The landlord must preserve the property until the tenancy ends and allow the estate reasonable access to remove it. The exception is unsafe or unhygienic property, which may be disposed of immediately.
What if the tenant lived with a roommate or partner on the lease?
The automatic 30-day ending applies only where there are no other tenants. If another tenant remains, the tenancy is not deemed terminated by the death.
Can the family get belongings back after the landlord sold them?
If the executor, the administrator or a family member claims sold property within six months after the death, the landlord must pay the estate the proceeds minus allowed costs and rent arrears. Property the landlord kept must be returned to the estate.
Sources
- Residential Tenancies Act, 2006, s. 91(1) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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