What if the tenant gave notice or agreed to leave?
Then what is left is the landlord's to deal with. A landlord may sell, retain for the landlord’s own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with,
a notice of termination from either side, an agreement to end the tenancy, or a Board order. (Residential Tenancies Act, 2006, s. 41(1)) The two of you can also agree something else in writing: A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant’s property.
(s. 41(5))
What about after an eviction?
Wait three days and keep things reachable. The landlord shall not sell, retain or otherwise dispose of the tenant’s property before 72 hours have elapsed after the enforcement of the eviction order.
And: A landlord shall make an evicted tenant’s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.
(s. 41(2) and (3)) Breaking those rules can cost an administrative fine and the value of what was lost. (s. 41(6)) So a turnover after an eviction starts after the 72 hours, not the morning the locks change.
What if the tenant just left?
Be sure it is abandonment first. The Act says a tenant has not abandoned a rental unit if the tenant is not in arrears of rent.
(s. 2(3)) If the unit is abandoned, the landlord gets a Board order ending the tenancy, or gives notice to the tenant of the rental unit and to the Board of the landlord’s intention to dispose of the property.
(s. 42(1)) Then: If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately.
Everything else can be sold, kept or disposed of if 30 days have passed after obtaining the order referred to in clause (1) (a) or giving the notice referred to in clause (1) (b) to the tenant and the Board.
(s. 42(2) and (3))
Can the tenant come back for things?
Yes, inside the 30 days, and the landlord can be paid first. If the tenant says so in time, the landlord shall make the property available to the tenant at a reasonable time and at a location close to the rental unit.
The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out-of-pocket expenses incurred by the landlord in moving, storing or securing the tenant’s property
before handing it over. (s. 42(5) and (6)) If things were sold and the tenant claims them within six months, the landlord pays over what the sale made beyond those costs and the arrears. (s. 42(7))
How do the three cases compare?
| How the tenancy ended | What the landlord may do, and when | Section |
|---|---|---|
| Notice, agreement or Board order, and the tenant moved out | Sell, keep or dispose of what is left | s. 41(1) |
| Eviction order enforced | Nothing for 72 hours; keep things available close by during that time | s. 41(2), (3) |
| Unit abandoned | Unsafe or unhygienic items at once; the rest 30 days after a Board order or notice to the tenant and the Board | s. 42(1) to (3) |
What does it mean for the turnover?
Settle the belongings before the work starts, so a crew is never the one deciding what is rubbish. Photograph the unit as it was left, with dates, and keep the notice. Those photos help twice: here, and if the unit needs repairs a former tenant should pay for, which is in making a former tenant pay for damage. Then the unit is ready for the work in the rental turnover checklist. When old flooring, trim, cabinets or counters come out during a property turnover, Reborn Renos removes and disposes of them as part of the job.
We work in Beamsville, Lincoln, Grimsby, Stoney Creek, Hamilton, St. Catharines, Thorold and Niagara Falls. Call (905) 920-1418, Monday to Saturday, 7 am to 7 pm, or send the details on the request page.
This is a plain summary, not legal advice. The linked Act is what counts.