Tenant Left Belongings Behind? What Ontario Landlords Can Do
Belongings left in a unit after an eviction or move-out are one of the most common landlord headaches. Throw them out too soon and you can face a claim. Here is how long you must keep them, and when you can dispose of them.
Key points
- After a Sheriff eviction, you must keep the tenant’s belongings available for 72 hours so they can pick them up.
- If the tenant moved out under a notice, an agreement or an order, you can usually deal with what is left behind once they have gone.
- If the tenant simply disappeared, treat the unit as possibly abandoned and follow the notice process before disposing of anything.
- Photograph everything before you touch it. It is your best protection if the tenant claims later.
One of the most common questions after an eviction or move-out is what to do with the things a tenant left behind. Ontario has specific rules, and getting them wrong can lead to a tenant application against you, even after you have your unit back. The rules depend on how the tenancy ended.
| How the tenancy ended | What you must do |
|---|---|
| Sheriff enforced an eviction order | Keep belongings available for 72 hours, at the unit or a nearby location, before disposing of them |
| Tenant moved out under a notice (N9), agreement (N11) or order | You may generally sell, keep or dispose of what is left once the tenant has vacated |
| Tenant left without notice and may have abandoned the unit | Confirm abandonment first, then give notice or get an LTB order before disposing |
After a Sheriff eviction: the 72-hour rule
When the Sheriff enforces an eviction order, you must make the tenant’s belongings available for them to retrieve for 72 hours after the eviction. The property must be available at a reasonable location in or near the unit, and you must make it available between 8 a.m. and 8 p.m. After the 72 hours, you may sell, keep or dispose of what is left.
If the tenant asks to pick up their things during the 72 hours, you must let them. Refusing can lead to a claim against you.
After the tenant moved out under a notice or agreement
If the tenancy ended because the tenant gave an N9, signed an N11, or left under an LTB order, and the tenant has moved out, you can generally deal with what they left behind. It is still wise to photograph everything and, where items look valuable, give the tenant a short written chance to collect them.
Not sure whether your tenant has moved out or abandoned the unit? Talk to us before you dispose of anything.
Book a free 20-minute call →If the tenant just disappeared
If a tenant stops paying and seems to have left without giving notice, do not assume the unit is abandoned. Before you can dispose of belongings, you either need an order from the Landlord and Tenant Board, or you must give the tenant and the Board written notice that you intend to dispose of the property and wait the required period. If the tenant comes back, the tenancy may not be over.
What to do, step by step
- Work out how the tenancy ended: Sheriff eviction, notice or agreement, or possible abandonment.
- Photograph and video every room and every item before touching anything.
- Make an inventory of anything of obvious value.
- Follow the waiting period that applies, and let the tenant collect their things if they ask.
- Keep records of every contact with the tenant about their belongings.
Mistakes that lead to claims
- Throwing things out the same day as a Sheriff eviction.
- Treating a unit as abandoned when the tenant has only been away.
- Refusing to let the tenant collect their belongings during the 72 hours.
- Not keeping photos to show what was left and its condition.
Frequently asked questions
How long does a landlord have to keep a tenant’s belongings in Ontario?
After a Sheriff eviction, 72 hours. During that time the tenant can retrieve their belongings between 8 a.m. and 8 p.m. After that, the landlord may sell, keep or dispose of them.
Can I throw out a tenant’s things after they move out?
If the tenant moved out under a notice, an agreement or an order, you can generally deal with what is left. Photograph everything first in case of a dispute.
What if the tenant just disappeared?
Don’t assume the unit is abandoned. You need an LTB order, or you must give the tenant and the Board written notice of your intention to dispose of the property and wait the required period.
Can I charge the tenant for removing their belongings?
You may be able to claim reasonable costs from a former tenant, for example as part of an application for damages. Keep receipts and photos.
Can I keep the tenant’s belongings for unpaid rent?
No. You cannot hold belongings hostage for rent. Follow the rules above, and claim unpaid rent through the LTB.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
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