What Happens to a Rental Unit When the Tenant Dies in Ontario?

Losing a family member who rented their home is hard enough without a landlord asking about the keys. Families and estate trustees often need to know quickly how long they have, what they are allowed to do in the unit, and whether rent is still owed.

The Residential Tenancies Act sets a short timeline for ordinary rental units. This article explains it in plain language and points out where the details can change the answer.

When the tenancy ends

Under s. 91 of the Residential Tenancies Act, if a tenant dies and there are no other tenants of the rental unit, the tenancy is deemed terminated 30 days after the death. The landlord and the executor or administrator, or a family member if there is none, can agree to different terms.

The Act's definition of 'tenant' includes the tenant's heirs, assigns and personal representatives. In practice, the person acting for the estate is usually the one who talks to the landlord. The LTB has said the Act was amended recently, so it is wise to confirm the current wording before relying on any timeline.

Clearing out belongings

During the 30 days after a tenant's death, the landlord must allow the estate's representative reasonable access to the unit and complex to remove the property. The landlord may immediately discard unsafe or unhygienic items such as spoiled food.

After the 30 days, the landlord may sell, keep or dispose of the tenant's property. The estate's representative can claim for up to 6 months after the death. If the property was sold, the estate gets the proceeds minus unpaid rent and the landlord's out-of-pocket expenses. If it was disposed of, the estate cannot reclaim it or seek compensation.

• Arrange access with the landlord in writing as soon as you can.
• Take photos of the unit and belongings before moving anything.
• Remove documents, medications, valuables and sentimental items first.
• Do not wait for the estate paperwork to be finished before contacting the landlord.

What rent the estate owes

An estate trustee's duties include paying the deceased's taxes and debts. Whether any rent is owing, and how much, depends on the lease, when the last payment was made and any agreement reached with the landlord. A lawyer can confirm the amount in your situation.

Unpaid rent also matters if belongings are sold, because the estate gets the proceeds minus unpaid rent and the landlord's out-of-pocket expenses.

If the tenant paid a last month's rent deposit, it cannot be more than one month's rent or one rental period's rent, whichever is less, and it must be applied to the last rental period. The landlord must also pay interest each year on that deposit at the rent increase guideline rate. Ask the landlord for a written statement of what is owing and how the deposit was applied.

Spouses, occupants and other people living there

Under O. Reg. 516/06 s. 3(1), a surviving spouse who was only an occupant, and not a tenant, becomes a 'tenant' on the tenant's death unless they vacate within 30 days. This does not apply to social housing, care homes or certain government housing.

Other occupants who are not spouses generally have no right to stay once the tenancy ends. An adult child or roommate who is not on the lease should speak with a lawyer or the Landlord and Tenant Board quickly about their position.

What to do next

• Note the date of death, because the 30-day count starts from it.
• Contact the landlord in writing, say who is acting for the estate and ask for access to the unit.
• If there is no will, find out who can apply to administer the estate. The spouse or common-law partner usually has first right, then close adult relatives.
• Keep the lease, rent receipts and deposit records.
• Diarize 6 months from the date of death as the outside limit to claim property the landlord has kept or sold.
• Ask a lawyer for help if the landlord disputes access, rent or the property.

Frequently asked questions