One of the most common questions landlords have after a Sheriff-enforced eviction is: what do I do with the stuff they left behind? Ontario law has specific rules on this. Getting it wrong can result in a tenant application against you — even after you have successfully evicted them.
The Tenant’s Belongings Are Not Yours to Dispose Of Immediately
Even after a lawful eviction, a tenant’s abandoned property is not automatically yours to throw away. Ontario law requires landlords to store the belongings for a minimum period and give the tenant written notice of where they are being stored and how to retrieve them.
What You Are Required to Do
Under the Residential Tenancies Act, if the property has a value of more than a prescribed amount, you must store it and notify the tenant. The notice must include the location of the items and a deadline for retrieval. You are entitled to charge for reasonable storage costs.
When You Can Dispose of the Property
If the tenant does not retrieve their belongings within the required period after receiving notice, you can dispose of them. For high-value items — vehicles, electronics, jewelry — extra care should be taken. Document everything: photograph the items before storage and before disposal.
What Happens If You Get This Wrong
If a tenant files a T2 application alleging that you unlawfully disposed of their property, the LTB can award compensation for the value of the lost items. This compensation can be significant depending on what was left behind. We have seen landlords face unexpected costs simply because they skipped the notice step.
Document Everything from the Day of Eviction
On the day the Sheriff enforces the eviction, walk through the unit with a camera or phone and photograph all belongings left behind before touching anything. This creates a contemporaneous record that protects you if a disposal dispute arises later.
What Comes Next
Stonegate guides Ontario landlords through the full eviction process, including post-eviction steps. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: Sheriff Removes Tenant, Eviction Notice – Interview with Gary McGowan
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