A Guide to the Residential Tenancies Act

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This guide is a summary of Ontario’s new Residential Tenancies Act (the Act). This new law came into effect on January 31, 2007. The Act sets out the rights and responsibilities of landlords and tenants who rent residential properties.

This guide is not a complete summary of the law and it is not intended to provide legal advice.  If you require more detailed information about the law, please see For more information at the end of this guide.

Information in this guide

• About Rent
• About Maintenance and Repairs
• About Entering the Rental Unit
• About Ending a Tenancy
• For More Information

Who is covered by this Act?

Landlords and tenants of most rental units

are covered by most of the rules in the Act. A rental unit can be an apartment, a house, or a room in a rooming or boarding house. The Act also applies to care homes, retirement homes, and sites in a mobile home park or land lease community.

Many of the rules about rent do not apply to:

• new rental buildings,
• non-profit and public housing,
• university and college residences.

But these units are still covered by most of the other rules in the Act about such things as maintenance and the reasons for eviction.

The Act does not apply if the tenant must share a kitchen or bathroom with the landlord.

About the Board

The Landlord and Tenant Board (the Board) resolves disputes between tenants and landlords. It is similar to a court.

Either a landlord or a tenant can apply to the Board. Their disputes can be worked out through mediation or adjudication.

In mediation, a Board Mediator helps a landlord and tenant reach an agreement they are both satisfied with.

In adjudication, a hearing is usually held. A Board Member makes a decision based on the evidence the landlord and tenant present, and then issues an order. An order is the final, written version of the Board Member’s decision.

The Board also provides landlords and tenants with information about the rights and responsibilities they have under the Act.

To contact the Board, see the section For More Information at the end of this brochure.

About tenancy agreements

The landlord and tenant can sign a written agreement when a new tenancy is entered into, or they can have an oral agreement. A tenancy agreement is often called a lease. The landlord must give the tenant a copy of any written lease.

The lease should not contain any terms that are inconsistent with the Act. If the lease does contain a term that is inconsistent with the Act, that term will not be enforced by the Board.

The landlord must also give the tenant the landlord’s legal name and address so that the tenant can give the landlord any necessary notices or documents.

Whether there is a written or oral lease, landlords must provide new tenants with information about the rights and responsibilities of landlords and tenants and about the role of the Landlord and Tenant Board. The landlord must give this information to the tenant on or before the start of the tenancy, in a form approved by the Board. The Board has a two-page brochure that landlords should use for this purpose.

About Rent

Rent for a new tenant

When a new tenancy is entered into, the landlord and tenant decide how much the rent will be for a rental unit and which services will be included in the rent (for example, parking, cable, heat, electricity).

In most cases, the rent cannot be increased until at least 12 months after the tenant moved in.

Rent deposits

A landlord can collect a rent deposit from a new tenant on or before the start of a new tenancy. Where the tenant pays rent by the month, the deposit cannot be more than one month’s rent; where the tenant pays rent by the week, the deposit cannot be more than one week’s rent.

The rent deposit can only be used as the rent payment for the last month or week before the tenant moves out. It cannot be used for anything else, such as repairing damage to the rental unit.

If the landlord gives the tenant a notice to increase the rent, the landlord can also ask the tenant to increase the rent deposit by the same amount.

A landlord must pay the tenant interest on the rent deposit every year. Under the Act, the interest rate is the same as the rent increase guideline (see the section Rent Increase Guideline).

Exception: For the first interest payment that the landlord has to give the tenant after January 31, 2007 (this is the date the Residential Tenancies Act became the law), a 6% interest rate applies for the months up to January 31, 2007.

Post-dated cheques and automatic payments

When a landlord and a new tenant agree to enter into a rental agreement, they usually discuss how the rent will be paid.

Although the landlord and tenant can agree that the rent will be paid by post-dated cheques or automatic payments (such as debits from a tenant’s account or by credit card), a landlord cannot require the tenant to pay by either of those methods.

Once the landlord and tenant have agreed on a method of payment, it cannot be changed unless both the landlord and tenant agree.

Rent receipts

A landlord must give the tenant a receipt for any rent payment, rent deposit or other charge, if the tenant asks for one.

A landlord must also give a former tenant a receipt if that person asks for one within 12 months after the end of their tenancy.

The landlord cannot charge a fee for giving a receipt.

Increasing a tenant’s rent

In most cases, the rent can be increased if at least 12 months have passed since the tenant first moved in or since the tenant’s last rent increase.

A landlord must give at least 90 days notice in writing of any rent increase. The proper forms for this notice (Form N1, N2 or N3) are available from the Board. See the section For More Information at the end of this guide to find out how you can contact the Board.

The most a landlord can increase the rent by, without asking the Board for approval, is the rent increase guideline (see the next section).

The rent increase guideline

The rent increase guideline is set each year by the Ontario Government. It is based on the Consumer Price Index.

Each year, the Government announces the guideline by August 31st for rent increases that will take effect on or after January 1st of the following year.

A guideline rent increase does not need to be approved by the Board. However, a landlord must get approval from the Board before they can charge an increase above the guideline.

Rent increase above the guideline

A landlord can apply to the Board for an increase above the guideline if:

• the landlord’s costs for municipal taxes and charges, and/or utilities (such as fuel, electricity or water) have increased significantly, or
• the landlord has done major repairs or renovations (these are called capital expenditures), or
• the landlord has operating costs for security services performed by persons who are not employees of the landlord.

Rent increases for capital expenditures or security services cannot be more than 3% above the guideline each year. If the landlord justifies an increase that is more than 3% above the guideline, the increase can be taken over three years, at a rate of up to 3% above the guideline per year. For increases in the cost of municipal taxes and charges, and/or utilities, there is no limit on the amount of rent increase that can be approved.

Some special rules apply to rent increases due to capital expenditures. For example, the landlord must make a copy of the supporting documents related to the application available to the tenants who are affected by the rent increase. Also, before passing the costs on to the tenants, the Board will determine whether the work was really necessary. As well, if the Board determines that there are serious maintenance problems in the rental unit or building, the Board may:

• dismiss the landlord’s application, or
• require the landlord to prove to the Board that the problems have been fixed before they can charge the approved increase.

The landlord and tenant can agree to a rent increase above the guideline if they agree that the landlord will do major repairs or renovations, buy new equipment for the rental unit, or add a new service for the tenant.

This agreement must be in writing. The proper form for this agreement (Form N10) is available from the Board. The highest increase that can be agreed to is 3% above the guideline.

Where the landlord and tenant make this kind of agreement, the landlord does not have to apply to the Board for approval of the increase.

A tenant has five days after signing this agreement to change their mind and tell their landlord, in writing, that they no longer agree to the rent increase.

When the rent should be reduced

A landlord is required to reduce the rent where:

• the utility costs go down after the landlord has increased the tenant’s rent by more than the guideline based on an order from the Board that approved the increase based on utility costs,
• a capital expenditure is fully paid for; this only applies to tenants who are still living in the same rental unit they were living in when the Board approved the rent increase based on the capital expenditure, or
• the municipal property tax is reduced by more than the prescribed percentage, resulting in an automatic rent reduction.

A tenant can apply to the Board to have their rent reduced if:

• the municipal taxes or charges on the rental property go down,
• the landlord reduced or removed a service they had provided to the tenant without reducing the rent, or
• the landlord did not keep a promise they made in an agreement to a rent increase above the guideline.

About Maintenance and Repairs

A landlord’s responsibilities

A landlord has to keep the rental property in a good state of repair. A landlord must obey all health, safety, housing and maintenance standards, as set out in any provincial laws or municipal bylaws.

This is true even if the tenant was aware of the problems when they agreed to rent the unit.

A tenant can apply to the Board if the landlord is not meeting their maintenance obligations. If the Board agrees that the landlord is not meeting their maintenance obligations, there are a number of remedies the Board can order. For example, the Board can order that the tenant does not have to pay some or all of the rent until the landlord does the repairs or that the landlord cannot increase the rent for the rental unit until any serious maintenance problems are fixed.

A tenant’s responsibilities

A tenant must keep their rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness.

A tenant must repair or pay for the repair of any damage to the rental property caused by the tenant, the tenant’s guest or another person who lives in the rental unit. This includes damage in the tenant’s unit, as well as any common area such as a hallway, elevator, stairway, driveway or parking area.

It does not matter whether the damage was done on purpose or by not being careful enough – the tenant is responsible.  However, the tenant is not responsible to repair damage caused by normal “wear and tear”.  For example, if the carpet has become worn after years of normal use, the tenant would not have to replace the carpet.

A landlord can apply to the Board if the tenant has not repaired any damage. If the Board agrees that the tenant should be held responsible for the damage, the Board can order the tenant to pay the cost of repairing the damage or even evict the tenant.

A tenant should not withhold any part of the rent, even if the tenant feels that maintenance is poor or a necessary repair has not been done.  A tenant could be evicted, if they withhold rent without getting approval from the Board.

Vital services

A landlord cannot shut off or interfere with the supply of any of the following vital services to a tenant’s rental unit:

• heat (from September 1st to June 15th)
• electricity
• fuel (such as natural gas or oil)
• hot or cold water

More information about maintenance and repairs

For more information about maintenance read the Board’s brochure called Maintenance and Repairs.

About Entering the Rental Unit

Entry without written notice

A landlord can enter a tenant’s rental unit without written notice if:

• there is an emergency such as a fire,
• the tenant agrees to let the landlord in,
• a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.

A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:

• the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
• the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).

Entry with 24 hours written notice

A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:

• to make repairs or do work in the unit,
• to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
• to allow a potential mortgagee or insurer of the complex to view the unit,
• to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
• to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
• for any reasonable purpose allowed by the rental agreement.

The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.

About Ending a Tenancy

Renewing a lease

The end of a lease does not mean a tenant has to move out.  A new lease can be made or the landlord and tenant can agree to renew the lease for another fixed term period.

If a new agreement is not reached, the tenant still has the right to stay:

• as a monthly tenant, if they paid their rent by the month in the expired lease, or
• as a weekly tenant, if they paid their rent by the week in the expired lease.

Where the tenant stays on as a monthly or weekly tenant, all the rules of the former lease will still apply to the landlord and tenant. But the landlord can increase the rent each year by the amount allowed under the Act.

If a tenant wants to leave

A tenant must give their landlord written notice if they plan to move out. The proper form for this notice (Form N9) is available from the Board. The amount of notice that is required is based on the rental period, as follows:

A tenant and landlord can agree to end a tenancy early. The parties can make an oral agreement to end the tenancy, but it is best to have a written agreement.  A notice of termination does not have to be given by either the landlord or the tenant if there is an agreement to end the tenancy.

A tenant in a care home can end a tenancy early, by giving at least 30 days notice in writing to the landlord.

Assigning a tenancy and subletting

A tenant may be able to transfer their right to occupy the rental unit to someone else. This is called an assignment. In an assignment, a new person takes the place of the tenant, but all the terms of the rental agreement stay the same.

A sublet occurs when a tenant moves out of the rental unit, lets another person live there for a period of time, but returns to live in the unit before the tenancy ends. In a sublet, the terms of the rental agreement and the landlord-tenant relationship do not change.

A tenant must have the landlord’s approval for an assignment or a sublet, but, in either case, the landlord must have a good reason for refusing.

Rules about special tenancies

Some tenants do not have the right to assign their tenancy or sublet; for example, a tenant who is a superintendent, or a tenant who lives in subsidized, public or non-profit housing, or in housing provided by an educational institution where the tenant works or is a student.

For more information about assigning, read the Board’s brochure called How a Tenant can End a Tenancy.

Ending a tenancy by the landlord

A landlord can end a tenancy only for the reasons allowed by the Act.

The first step is for the landlord to give the tenant notice in writing that they want the tenant to move out. The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board.

If the tenant does not move out after receiving the notice, the landlord can ask the Board to end the tenancy by filing an application. The Board will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can come to the hearing and explain their side to a Member of the Board.

Reasons for eviction based on the tenant’s conduct

The Act allows a landlord to give a tenant notice if the tenant, the tenant’s guest or someone else who lives in the rental unit either does something they should not do, or does not do something they should.

For example:

• not paying the rent in full,
• persistently paying the rent late,
• causing damage to the rental property,
• illegal activity,
• affecting the safety of others,
• disturbing the enjoyment of other tenants or the landlord,
• allowing too many people to live in the rental unit (“overcrowding”),
• not reporting income in subsidized housing.

In some cases, a landlord can give a tenant notice based on the presence or conduct of a pet the tenant is keeping, such as where a pet causes damage to the rental property.

Other reasons for eviction

There are some other reasons for eviction that are not related to what the tenant has done or not done. For example:

• the landlord wants the rental unit for their own use or for the use of an immediate family member or a caregiver,
• the landlord has agreed to sell the property and the purchaser wants all or part of the property for their own use or for the use of an immediate family member or a caregiver,
• the landlord plans major repairs or renovations that require a building permit and vacant possession,
• the landlord plans to demolish the rental property,
• in a care home that is occupied for the sole reason of receiving therapy or rehabilitation, the tenant’s rehabilitation or therapy program has ended,
• a tenant of a care home needs more care than the care home can provide, or no longer needs the level of care provided by the landlord.

For More Information

Contact the Landlord and Tenant Board

This guide provides general information only.  For more information, or to obtain copies of  the Board’s forms and publications, you may:

• call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
• visit your local Landlord and Tenant Board office.  A list of Board office locations can be found on our website, or you may call us at the numbers listed above.

Release date: January 31, 2007

In conversation with some people, and at a couple of my recent public seminars, people have expressed interest in having a presentation on the Residential Tenancies Act / Tenant Protection Act.

After looking through the offerings from private sources, I decided to go straight to the source and get someone from The Landlord & Tenant Board to come and give a presentation on the Act. The presentation will be from the viewpoint of prospective landlords, however, I am assured that this will be a balanced presentation of the facts, so that prospective landlords can have a better understanding of where they might stand should they have concerns over any aspect of tenant relationships.

I am just waiting for confirmation of the date of this presentation, and will update this post when it is confirmed.

If you’d like to be notified of the confirmation, send me an email

Property Left Behind When a Tenant Moves Out

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The Residential Tenancies Act (the Act) contains a number of rules about how to deal with a tenant’s property that is left behind when the tenant moves out of a rental unit.  The Act contains five different sets of rules.  Which rules apply in a situation will depend on how and why the tenant left the rental unit.

A landlord who follows these rules and who takes reasonable care to keep the tenant’s property safe while storing it, will not be liable if they sell, keep, or ‘dispose of’ (give away or throw away) the property that the tenant has left in the unit. This means that if the landlord follows the rules when dealing with property that a tenant has left in a rental unit, they can’t be:

• fined,
• made to pay the tenant money for the tenant’s property, or
• made to give back the tenant’s property that the tenant left behind.

However, if the landlord does not follow the rules before they sell, keep or dispose of a tenant’s property, the tenant may take action against the landlord and the landlord may be held liable. If you are a landlord or a tenant and you are unsure which set of rules applies to your situation, you should get legal advice.

This brochure explains the different rules in the Act that must be followed when dealing with property that a tenant leaves behind when they move out of their rental unit.  This brochure is not a complete summary of the law and it is not intended to provide legal advice.  If you require more information, please see For More Information at the end of this brochure.

Note: The rules in this brochure may not apply to situations where a tenant moves out or dies and their spouse remains in the unit.  In these situations, before you proceed, you should get more information from the Landlord and Tenant Board.  You may also want to get legal advice before you take any action.
Information in this brochure

• Tenant’s Property is Left Behind When:

• For More Information

#1 – Tenant Moves Out According to a Notice or
an Agreement to Terminate, a Board Order,
or Tenant’s Job as Superintendent has Ended

What rules apply in these situations?

If a tenant leaves property behind after moving out for one of these reasons then, in most cases, the landlord may immediately sell, keep or dispose of any property the tenant has left behind.  This applies if the tenant moved out according to:

• a notice of termination that the landlord gave the tenant, or
• a notice of termination that the tenant gave the landlord, or
• an agreement to end the tenancy that the tenant and landlord made, or
• an order that terminated the tenancy or evicted the tenant that the landlord received because they made an application to the Board.

This also applies if:

• the tenant was a superintendent living in a superintendent’s premises and their job as a superintendent has ended.

However, regardless of which of these reasons caused the tenant to move out, the landlord and the tenant can agree to other terms about what is to be done with the property that the tenant left behind.  For example, a landlord and a tenant may agree that the tenant can store their sofa in the basement for two weeks after the tenant leaves the unit.

A landlord who follows these rules and who takes reasonable care to keep the tenant’s property safe while storing it, will not be liable for selling, retaining or disposing of the tenant’s property.

Note: There are other rules that must be followed if the Sheriff enforced the eviction. ‘Enforced the eviction’ means that the Sheriff visited the unit to evict the tenant (see #2 that follows).

#2 – Sheriff Evicts the Tenant

What rules apply in this situation?

If a tenant leaves property behind after the Sheriff has enforced the Board’s order and evicted them, the landlord must give the tenant 72 hours to get their property from the rental unit or some storage area that is safe and close to the rental unit, before selling, keeping or disposing of the tenant’s property.

Note: This rule does not apply if the property the tenant leaves behind is a mobile home owned by the tenant. (See #4 – Tenant Abandons Their Mobile Home.)

What can be done with the tenant’s property during the 72 hours?

During the 72 hours after the Sheriff has evicted the tenant, the landlord may leave the property in the rental unit, or they can move it to a safe location that is close to the unit.

The tenant can get their property back

during this 72 hour period. The landlord must make the tenant’s property available to the tenant between 8 a.m. and 8 p.m. during the 72 hour period.

However, the landlord and the tenant can agree to other terms about what is to be done with the property that the tenant leaves behind.

What happens if the tenant doesn’t come to get their property?

Unless the landlord and tenant agree to other terms, if the tenant doesn’t come to get their property during the 72 hour period, they no longer have any claim to it and they lose all rights to it.

Once the 72 hours has passed, the landlord can sell, keep or dispose of the tenant’s property.  A landlord who follows these rules and who takes reasonable care to keep the tenant’s property safe while storing it, will not be liable for selling, retaining or disposing of the tenant’s property.

What happens if the landlord doesn’t follow these rules?

If the landlord does not let the tenant get their property back during the 72 hour period, or if the landlord sells, keeps or disposes of the property before the 72 hours has passed, the tenant can do one or both of the following things.

What can the tenant do if the landlord doesn’t follow these rules?

1. Contact the Ministry of Municipal Affairs and Housing’s Investigation and
Enforcement Unit (IEU)

The tenant can contact the IEU if their landlord has not followed these rules, because it is an offence under the Act not to follow them.

After talking to the tenant and obtaining more details, staff at the IEU may contact the landlord and inform them about the rules that must be followed when a tenant is evicted by the Sheriff and the tenant leaves property in the rental unit.

If the landlord refuses to follow the rules and refuses to make arrangements for the tenant to get back their property, IEU might start an investigation.  This investigation may result in the landlord being taken to court.  If the landlord is found guilty, the court could lay charges and set a fine. An individual may be fined up to $25,000 – a corporation fined up to $100,000.

2. File a T2 Application about Tenant’s Rights with the Board

The tenant can also file an application with the Board if the landlord didn’t let the tenant get their property back. On this type of application, the Board can order the landlord to do one or more of the following:

• give the tenant’s property back to the tenant, if the landlord still has it or can reasonably be expected to get it back from the person who has it,
• pay a specified amount to the tenant for:
• • the reasonable costs that the tenant has paid or will pay to repair or replace any of the tenant’s property that was damaged, destroyed or disposed of as a result of the landlord’s actions, and,
  • other reasonable out-or-pocket expenses the tenant paid or will pay because of the landlord’s actions (for example, if the tenant had to pay for meals because they couldn’t cook their own),
• never do this to any other tenant again, or,
• pay an administrative fine to the Board of up to $10,000, or up to the amount that could be awarded by Small Claims Court. (The one that is the higher amount could be awarded.)

The tenant may also want to ask the Board to hold the hearing as soon as possible so that they can get their property back quickly.  To do this, the tenant will have to fill out one of the Board’s forms called “Request to Extend or Shorten Time” and give it to the Board when they file their application.

#3 – Tenant Abandons the Rental Unit

What does “abandons the rental unit” mean?

A tenant has abandoned the rental unit if the tenant owes rent and moves out without:

• making an agreement with the landlord to end the tenancy, or
• giving a notice to end the tenancy to the landlord, or
• getting a notice to end the tenancy from the landlord, or
• getting a Board order evicting them.

Note: A rental unit is not considered to be abandoned if the tenant’s rent has been paid and their rent it is up-to-date.

What rules apply in this situation?

If a tenant leaves property behind after they have abandoned the rental unit, and the landlord wants to sell, keep or dispose of the property, the landlord must do one of the following things:

• apply to the Board on an L2 application for an order that states that the rental unit was abandoned and the tenancy is ended; or
  
• serve a notice on the tenant, with a copy to the Board, stating that they intend to sell, keep or dispose of the tenant’s property.  (There is no Board form to use in this situation.)

Note: If the landlord doesn’t know the tenant’s new address, the notice can be sent to the tenant’s last known address or to the tenant’s business address (if the landlord knows it).

Note: If there is no property left in the rental unit, and the landlord is sure that the tenant has abandoned the unit, they do not have to apply to the Board for an order ending the tenancy.  However, the landlord can still apply if they want to get a Board order that clearly states that the tenant has abandoned the unit and the landlord now has the right to rent it to someone else.

What can be done with the tenant’s property?

The landlord must wait 30 days after they gave the notice to the tenant or received the order from the Board stating that the unit was abandoned, before they can sell, keep or dispose of the tenant’s property.  The landlord can leave the tenant’s property in the rental unit, or move it and store it in a safe location close to the unit.

Note: The landlord can dispose of any unsafe or unhygienic items (for example, rotting food) in the unit right away.

What if the tenant tells the landlord they will be coming to get their property during the 30 day period?

If, during the 30 day period, the tenant tells the landlord that they want to get their property, the landlord must allow the tenant to get it.  The tenant can make arrangements to get their property back from the landlord at a reasonable time.

However, before allowing the tenant get their property, the landlord can require the tenant pay any:

• rent that they still owe the landlord, and
• out-of-pocket expenses the landlord had to pay to move, store or secure the tenant’s property.

What happens if the tenant doesn’t come to get their property during the 30 day period?

After the 30 days have passed the landlord can sell, keep or dispose of the tenant’s property.

But, the tenant may still claim any money the landlord may have made from selling their property for up to 6 months after the date the order was made or the notice was given (see the next section).

What happens if the tenant claims their property within the 6 month period?

What the tenant can claim will depend on what the landlord did with the tenant’s property after the 30 day period ended.

After the 30 day period ends, but within 6 months of the order date or the date that the notice was given:

A landlord who follows these rules and who takes reasonable care to keep the tenant’s property safe while storing it, will not be liable for selling, retaining or disposing of the tenant’s property.

#4 – Tenant Abandons Their Mobile Home

When might a tenant’s mobile home be “abandoned”?

A tenant’s mobile home has been abandoned if the tenant has moved out because the tenant:

• made an agreement with their landlord to end the tenancy, or
• gave a notice to end the tenancy to their landlord, or
• got a notice to end the tenancy from their landlord, or
• got a Board order that evicts them or terminates their tenancy, or
• got a Board order that ends their tenancy because the tenant abandoned their mobile home.

What rules apply in this situation?

Once the tenancy of a mobile home park tenant is terminated in one of the ways listed above, the landlord must notify the tenant that they are going to sell, keep or dispose of the tenant’s mobile home.

The landlord must notify the tenant in two ways.  The landlord must:

• send the tenant a notice by registered letter to their last known address, and

• publish a notice in a newspaper having general circulation in the area where the mobile home is located.

The tenant has 60 days from the date that the landlord gives these notices to claim their mobile home.  After the 60 days have passed, the landlord can sell, keep or dispose of the tenant’s mobile home.

But, the tenant may still claim their mobile home or the money the landlord received for it, for up to 6 months after the date the notices were given (see the next section).

What if the tenant tells the landlord they will be coming to get their mobile home during the 60 day period?

Within the 60 day period, the tenant can claim their mobile home.

However, before the landlord returns the mobile home to the tenant, the landlord can require the tenant pay any:

• rent the tenant still owes the landlord, and
• reasonable out-of-pocket expenses related to the mobile home (for example, the landlord’s costs to move the home off the site).

What happens if the tenant claims their mobile home within the 6 month period?

What the tenant can claim will depend on what the landlord did with the tenant’s mobile home after the 60 day period ended.

After the 60 day period has ended, but within 6 months of the notices:

A landlord who follows these rules and who takes reasonable care to keep the tenant’s property safe while storing it, will not be liable for selling, retaining or disposing of the tenant’s property.

#5 – Tenant Dies

What rules apply in this situation?

If a tenant dies, and there are no other tenants occupying the rental unit, the Act states that the tenancy agreement ends 30 days after the tenant dies.

However, the Act allows the landlord and either an executor or administrator of the estate (or a family member – if there is no executor or administrator) to come to any other agreement about ending the tenancy and about selling, keeping or disposing of the deceased tenant’s property.

Note: The regular rules that apply to a tenancy when a tenant dies do not apply when a tenant who owns a mobile home dies. (See the section ‘Death of a Mobile Home Tenant’ for more information.)

What can be done with the deceased tenant’s property?

Because the tenancy agreement is still in effect for 30 days following the tenant’s death, the landlord must leave the deceased tenant’s property in the unit for this 30 day period.

Note: The landlord can dispose of any unsafe or unhygienic items (for example, rotting food) in the unit right away.

What if the estate’s representative wants to get the property during the 30 day period?

The landlord must allow the estate’s representative reasonable access to the unit and the residential complex during the 30 days following the tenant’s death to remove the deceased tenant’s property.

What happens if the estate’s representative doesn’t get the property during the 30 day period?

After the 30 days have passed, the landlord can sell, keep or dispose of the deceased tenant’s property.

But, the estate’s representative may still claim the deceased tenant’s property or the money the landlord received for it, for up to 6 months after the date that the tenant died.

What happens if the estate’s representative claims the property within the 6 month period?

What the estate’s representative can claim will depend on what the landlord did with the deceased tenant’s property after the 30 day period ended.

After the 30 day period following the tenant’s death has ended, but within 6 month’s of the tenant’s death:

A landlord who follows these rules and who takes reasonable care to keep the tenant’s property safe while storing it, will not be liable for selling, retaining or disposing of the tenant’s property.

Death of a mobile home tenant

When a tenant who owns a mobile home dies, the rules listed above in “#5 – Tenant Dies” do not apply.

In this situation, the estate takes over the tenancy agreement after the tenant’s death.  The tenancy then continues until it is ended in a way that is allowed under the Act. The Board’s brochures, How a Tenant Can End Their Tenancy and How a Landlord Can End a Tenancy explain the ways that a tenancy can be properly ended under the Act.

For More Information

Other related brochures

The Board also has brochures on these related topics:

• How a Tenant Can End Their Tenancy
• How a Landlord Can End a Tenancy
• A Guide to the Residential Tenancies Act

Contact the Landlord and Tenant Board

This brochure provides general information only.  For more information about the law, or to obtain copies of the Board’s forms and publications, you can:

• call the Board at 416-645-8080 or toll free at 1-888-332-3234, or
• visit your local Landlord and Tenant Board Office.  For a list of Board office locations, visit the Board’s website, or call the numbers listed above.

Release date: November 2, 2007

Recently, Benjamin Bach came to our market center and gave

an excellent soldout presentation on Social Networking. In this first video, Benjamin discusses ‘Why Blog?’

We had a record turnout at the Millionaire Real Estate Investor seminar in Milton tonight!! Here are some comments from a couple of the attendees . . .