Tenant Left Belongings Behind in Ontario

The rule depends on how the tenancy ended. In Ontario the Residential Tenancies Act, 2006 treats an abandoned unit differently from a unit the tenant left after a notice, an agreement or an eviction order. Work out which one you have before you touch anything.

Situation	What the Act says
You believe the tenant abandoned the unit	Get an LTB order ending the tenancy (section 79, Form L2) or give notice of your intention to dispose to the tenant and the LTB (section 42). Unsafe or unhygienic items can be disposed of at once. Other items can be sold, kept or disposed of once 30 days have passed after the order or notice.
The tenant moved out under a notice, an agreement or an LTB order	You may dispose of property left behind (section 41). The Act sets no waiting period, except after a Sheriff eviction.
The Sheriff enforced an eviction order	You must wait 72 hours after enforcement before you sell, keep or dispose of the property.
The only tenant died	Separate rules apply. See the section on a tenant's death below.

The Landlord and Tenant Board (LTB) is the tribunal that handles abandoned-unit applications. The next sections go through each path in order.

This is where landlords go wrong. The Act does not define abandonment, but it does give one clear test: a tenant who is not in arrears of rent has not abandoned the unit. The LTB landlord brochure says the same thing: a unit is not considered abandoned if the tenant has paid all their rent.

So an empty-looking unit with rent paid up is not abandoned in law, even if the tenant seems gone. Treat it as an occupied unit and use the normal notice and entry rules. If rent is owing and you believe the tenant has gone for good, the Act lets you apply to the LTB for an order ending the tenancy (Form L2).

Changing the locks is the step to avoid. It is illegal to change the locks to a rental unit without giving the tenant a key. The research for this guide lists two exceptions: a Sheriff eviction, and a unit that is truly abandoned. If you guess wrong, you have locked out a tenant, and maximum fines for offences are up to $100,000 for an individual and $500,000 for a corporation (in force from July 1, 2026). Read more about ending a tenancy properly in our landlord notice to end a tenancy guide.

Follow these steps in order. They come from section 42 of the Act, as summarized in the LTB landlord brochure and the Act itself.

1. Choose your route. Either apply to the LTB for an order ending the tenancy on the abandoned-unit application (Form L2, section 79), or give notice of your intention to dispose of the property to the tenant and to the LTB. The LTB forms page is where to find the current form.
2. Deal with unsafe or unhygienic items. If the tenant has abandoned the unit, these can be disposed of immediately.
3. Count 30 days. The 30 days run from the day you get the order or give the notice to the tenant and the LTB. Write the date down.
4. If the tenant says they will collect. If the tenant tells you within the 30 days that they will remove the property, you must make it available. You may first require them to pay arrears of rent and your reasonable out-of-pocket costs for moving, storing or securing the property.
5. After 30 days with no claim. You may sell the other items, keep them for your own use or dispose of them.
6. If you sold something and the tenant claims it within six months. You must pay over the proceeds, minus your costs and any arrears.

Take dated photos and keep a simple list of what was there. The research notes describe no value limit and no required inventory form, so your own record is your protection. If the tenant also owes you money, see the landlord rent deposit guide for how the rent deposit is handled.

Section 41 of the Act covers a tenant who leaves because of a notice, an agreement to end the tenancy or an LTB order. In that case you may dispose of the property left behind, and the Act sets no waiting period.

The exception is a Sheriff eviction. If the Court Enforcement Office (the Sheriff's office) enforces an eviction order, you cannot sell, keep or dispose of the tenant's property until 72 hours have passed after enforcement. During that time you must make the property available to the evicted tenant between 8 a.m. and 8 p.m. (O. Reg. 516/06, section 46).

Only the Court Enforcement Office can enforce an eviction order. You cannot do it yourself by removing the tenant's things. If the tenant stays after a notice, see the guide on a tenant who will not leave after notice.

• Treat a unit as abandoned when the tenant is not in arrears of rent.
• Sell, keep or throw out ordinary items before the 30 days have passed after the L2 order or your notice, when you are using the abandoned-unit route. Only unsafe or unhygienic items can go at once.
• Dispose of anything within 72 hours after a Sheriff eviction.
• Change the locks without giving the tenant a key, outside the exceptions above.
• Keep sale proceeds the tenant claims within six months. After your costs and arrears are taken out, the rest must be paid over.
• Use the rent deposit for damage or cleaning. The rent deposit is applied to the last rental period, and it is not a damage deposit.

You may require payment of arrears and reasonable out-of-pocket moving, storing and securing costs before you let a tenant take the property. You cannot ask for more than that as a condition of release. If you are unsure how much counts as reasonable, keep receipts and ask the LTB.

A different set of rules applies when the only tenant dies. The tenancy is deemed to end 30 days after the death, and no notice is needed. If there are other tenants, the tenancy continues with them. A spouse whose principal residence is the unit becomes a tenant unless the spouse moves out within that 30-day period.

During the 30 days you must preserve the tenant's property, other than unsafe or unhygienic items, and give the executor or administrator reasonable access to remove it. If there is no executor or administrator, access goes to a family member. After the tenancy ends under section 91, other property may be sold, kept or disposed of under section 92. Unsafe or unhygienic items can be disposed of immediately.

If the estate or a family member claims sold property within six months after the death, you must pay over the proceeds minus your reasonable out-of-pocket costs and any arrears. The landlord and the executor may agree on different terms. The same Act is linked at the Ontario e-Laws page.

If a former tenant later says you disposed of property too early or short-paid sale proceeds, your records are your answer. Keep the L2 order or your notice, proof you gave it to the tenant and the LTB, the date the 30 days ended, photos, any list of items, and receipts for storage or moving.

If the tenant also owes you money, the LTB can be asked to order it. The LTB notes that Form L10 can be filed for money owed within one year after the tenant moved out (LTB: if a tenant does not pay rent). Ask the LTB or a licensed legal professional which application fits your case. For the wider picture, see the Ask pages on abandoned property and on a tenant who has disappeared.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.