In Ontario, after a tenant is formally evicted by the Sheriff, a landlord must safely store any abandoned belongings for exactly 72 hours. During this specific window, the landlord must allow the tenant to retrieve their items between 8:00 AM and 8:00 PM without charging storage fees.
Dealing with an eviction is a highly emotional and stressful process for both property owners and renters. When a tenancy officially ends through a formal eviction in Ontario, it is very common for furniture, clothing, or personal items to be left behind in the rental unit. However, the Residential Tenancies Act (RTA) lays out strict legal rules about what landlords can and cannot do with this property.
You cannot simply throw a former tenant’s belongings onto the curb or change the locks without following proper legal channels. Whether your rental property is located in Toronto, Ottawa, Hamilton, or a smaller municipality, taking the law into your own hands can result in severe financial penalties from the Landlord and Tenant Board (LTB). Our comprehensive guide explains exactly how to handle abandoned property legally, protecting your real estate investment while respecting the tenant’s statutory rights. 💼
Step-by-Step Process for Handling Abandoned Belongings in Ontario
The rules change entirely depending on *how* the tenant left the property. The standard 72-hour rule only applies if a formal legal eviction occurred. Here is the step-by-step process you must follow to stay compliant.
Step 1: Executing a Formal Sheriff Eviction
To trigger the 72-hour rule, the eviction must be legally executed. This means you have successfully obtained an eviction order from the LTB, and the Court Enforcement Office (commonly known as the Sheriff) has physically attended the property to return possession to you.
If the tenant moves out voluntarily before the Sheriff arrives, or if you simply suspect they have abandoned the unit, the 72-hour rule does not apply. You must never change the locks yourself without the Sheriff present, as this is considered an illegal lockout. 🔒
Step 2: Securing the Property for 72 Hours
The moment the Sheriff changes the locks and hands you the keys, the clock starts. You are now legally required to keep the tenant’s remaining property safe and secure inside the rental unit (or a safe storage area nearby) for exactly 72 hours.
You must not sell, damage, or throw away anything during this period. The property must be kept in the exact same condition it was left in. If you move the items to a garage or storage locker, you are fully responsible for ensuring the items are protected from weather and theft. 📦
Step 3: Providing Access to the Tenant
During this 72-hour window, the tenant has the absolute legal right to return and collect their belongings. You must make the property reasonably available to them, typically between the hours of 8:00 AM and 8:00 PM.
It is crucial to note that you cannot hold their belongings hostage. You cannot demand that they pay past-due rent, cleaning fees, or storage costs before handing over their items. If you refuse them access during this window, the tenant can call the police or sue you through the LTB. 👮♂️
Step 4: Disposing of the Belongings Safely
Once the 72-hour clock has officially expired and the tenant has not retrieved their items (or has left things behind), the legal ownership of the property shifts. You are now free to do whatever you want with the remaining belongings.
You can choose to keep the items, sell them to cover your outstanding rent ledgers, donate them to a local charity, or hire a junk removal company to dispose of them. Any money you make from selling the items after the 72 hours legally belongs to you. 💰
Step 5: Handling Unofficial Abandonment
What if the tenant just disappears without an LTB order? If rent is unpaid and you believe they have abandoned the unit, you cannot touch their stuff yet. You must apply to the LTB for an order terminating the tenancy due to abandonment.
If the LTB grants this order, you must then wait 30 days before disposing of their property. If you want to bypass the LTB, you must have clear evidence of abandonment and wait 30 days, but doing this without a legal order is highly risky and a local real estate lawyer should be consulted first. ⚖️
How Much Does it Cost in Ontario?
Managing an eviction and dealing with abandoned property carries significant costs for landlords, which are rarely recovered from a distressed tenant.
- LTB Application Fee: Filing an L1 or L2 application for eviction currently costs $201 CAD (or $186 CAD if filed online).
- Sheriff Enforcement Fee: Hiring the Court Enforcement Office to execute the eviction costs approximately $315 CAD, plus potential travel mileage fees.
- Junk Removal: Disposing of a unit full of heavy furniture typically costs between $300 and $800 CAD depending on the volume.
- Legal Representation: Hiring a licensed paralegal or lawyer in Ontario to manage the LTB process usually costs between $1,500 and $3,000 CAD.
| Situation | Storage Time Required | Can Landlord Charge Storage Fees? |
|---|---|---|
| Sheriff executes formal eviction | 72 Hours | No |
| Tenant abandons unit (LTB Order obtained) | 30 Days | No |
| Tenant voluntarily moves but leaves items | Requires mutual agreement | Only if agreed in writing |
Keep in mind, if you illegally throw away a tenant’s property, the LTB can order you to pay thousands of dollars in damages to replace their items.
How Long Does the Process Take?
The physical storage window after a Sheriff eviction is extremely fast: exactly 72 hours. However, the legal journey to get to that point is notoriously slow in Ontario. Filing an eviction application and securing an LTB hearing date currently takes between 4 to 8 months due to massive provincial backlogs. Once an order is granted, scheduling the Sheriff can take an additional 3 to 6 weeks depending on your local municipality.
Frequently Asked Questions (FAQ)
Can I put the tenant’s belongings on the curb or lawn?
No. Placing a tenant’s personal property outside where it can be stolen, rained on, or damaged is a violation of the Residential Tenancies Act. You must store it securely indoors or in a safe storage locker for the required 72 hours.
Do I have to move the items out of the apartment?
You are not required to move the items. Many landlords simply leave the belongings inside the rental unit, lock the doors, and allow the tenant to retrieve them from the unit over the next 3 days.
Can I withhold their belongings until they pay the unpaid rent?
Absolutely not. It is illegal in Ontario to hold a tenant’s property hostage in exchange for unpaid rent or damages. You must grant them access, and you must pursue the owed money separately through the Landlord and Tenant Board or Small Claims Court.
What happens if the 72 hours ends on a weekend or public holiday?
The 72-hour clock is continuous. It includes weekends and statutory holidays. If the Sheriff evicts the tenant on a Friday at noon, the 72 hours expires on Monday at noon.
What should I do if the tenant asks for more time to move their stuff?
You are only legally obligated to provide 72 hours. If you wish to grant them an extension as a courtesy, you should get an agreement in writing. However, be cautious, as dragging out the process prevents you from preparing the unit for a new renter.
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