When a Tenant Dies in Ontario: The Rental Unit and Belongings

Losing a family member is hard enough without a landlord asking when the apartment will be emptied. If the person who died rented their home, a specific set of Ontario rules decides how long the tenancy lasts and what happens to their belongings.

This article is for executors, administrators and family members. It explains the 30-day rule, what the landlord must do, what the landlord may do afterward, and the steps worth taking quickly.

When does the tenancy end?

Under the Residential Tenancies Act, 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. That means the estate generally is not left paying rent indefinitely, but the 30 days are a short window to act in.

The 30-day rule applies only where there are no other tenants. If a co-tenant remains, such as a roommate or spouse who is also on the lease, the tenancy is not deemed ended by the death. The surviving tenant's rights and obligations under the lease continue.

Whether rent is owed for part of that period, or what happens if the lease had other terms, depends on the facts and the lease. A lawyer can confirm your position.

What the landlord must do until the tenancy ends

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 reasonable access to the unit and the residential complex so the property can be removed. If there is no executor or administrator, a family member gets that access instead.

In practice, this means the landlord should not clear out the unit right away, and you should be allowed in to collect belongings. Reasonable access is a practical standard, so it helps to arrange times in advance.

What the landlord may do after the tenancy ends

Once the tenancy has ended under section 91, the landlord may sell the deceased tenant's property left in the unit, keep it for their own use, or otherwise dispose of it. The landlord is generally not liable for doing so.

There is a safety exception. The landlord may dispose of property that is unsafe or unhygienic immediately, without waiting for the 30-day period to end. Spoiled food is a common example, so do not assume everything will be kept for the full 30 days.

The six-month claim

If the executor, the administrator or a family member claims sold property within six months after the tenant's death, the landlord must pay the estate the sale proceeds, minus allowed costs and rent arrears. Property the landlord kept must be returned to the estate.

Because the six months run from the date of death and not from the date you find out about the problem, the clock starts early. Put any claim in writing and keep a copy.

What to do next

• Note the date of death and count 30 days forward; also note the six-month date.
• Check the lease and ask whether anyone else is a tenant on it.
• Contact the landlord promptly, in writing, and say who you are and your role (executor, administrator or family member).
• Arrange reasonable access and remove valuables, important papers, photos and sentimental items first.
• Photograph the unit and list what is there before anything is moved.
• Remove or ask about food and anything unsafe or unhygienic early, since it can be disposed of right away.
• If belongings were sold or kept, make a written claim within six months of the death.

If you are unsure whether you have authority to act, or the landlord disputes what is owed, speak with a lawyer before signing anything or handing over keys.

Frequently asked questions