In Ontario, you can generally leave your rental unit vacant while travelling, but standard lease and insurance policies require someone to check the property every 48 to 72 hours during the winter. Failing to do so can result in burst pipes, thousands of dollars in damages, and the landlord declaring the unit abandoned.
Travelling for extended periods-whether you are a snowbird heading south for the winter, a student returning home, or a professional on a long business trip-is a common part of life in Ontario. From Toronto to Thunder Bay, tenants have the right to travel. However, leaving your apartment or rented house completely empty without supervision carries significant legal and financial risks. 🏠
The Residential Tenancies Act (RTA) does not strictly forbid you from leaving your unit, but your landlord’s property insurance policy does. If the heating fails in January and a pipe bursts because no one was checking the unit, the insurance company may deny the claim. In such cases, the landlord could hold you financially responsible for the catastrophic water damage. 💧
Step-by-Step Process for Securing Your Unit in Ontario
Before you pack your bags and head to the airport, you must take specific steps to protect your legal tenancy and the physical property. Proper communication with your landlord prevents them from assuming you have permanently abandoned the apartment. 📝
Step 1: Review Your Lease and Insurance Policy
First, carefully read your Ontario Standard Lease and your personal tenant insurance policy. Most insurance policies have a strict “vacancy clause” stating that if the home is empty during the regular heating season, a competent adult must inspect the premises every 48 to 72 hours. 🔍
Step 2: Assign a Trusted Inspector
You must find a friend, family member, or neighbour to physically walk through the unit on a regular schedule. They should turn on the faucets, ensure the furnace is running, and check for any signs of leaks or pests. Ask them to keep a simple written log of their visits in case an insurance dispute arises. 🗒️
Step 3: Notify the Landlord in Writing
Send a formal email or letter to your landlord informing them of your exact travel dates. Provide them with the name and emergency contact number of the person who will be checking on the unit. This legally protects you from accusations of abandonment under the RTA. 📧
Step 4: Prepare the Property for Absence
Do not simply turn off the heat to save money. In Ontario, you must maintain a reasonable temperature (usually around 15°C to 17°C) to prevent pipes from freezing. Empty the fridge, take out the garbage, and consider shutting off the main water valve to the washing machine to prevent accidental flooding. ❄️
Step 5: Continue Paying Lawful Rent
Being away on holiday does not pause your obligation to pay rent. Ensure your post-dated cheques are delivered or your automatic bank transfers are scheduled correctly. If you fall into arrears while away, the landlord can serve an N4 notice and begin the eviction process in your absence. 💰
Vacancy vs. Legal Abandonment
Landlords often confuse a vacant unit with an abandoned unit. Here is how the Landlord and Tenant Board (LTB) generally views the difference: ⚖️
| Feature | Vacant (Travelling) | Legally Abandoned |
|---|---|---|
| Rent Status | Rent is paid on time. | Rent is in arrears (unpaid). |
| Communication | Landlord is aware of the absence. | Tenant cannot be reached; zero contact. |
| Belongings | Furniture and personal items remain. | Major furniture is removed or left as trash. |
How Much Does it Cost in Ontario?
Failing to secure your unit can lead to devastating financial consequences. Here is what you should budget for or be wary of: 💵
- Tenant Insurance: A standard tenant insurance policy in Ontario costs $20 to $40 CAD per month, which protects your belongings while you are away.
- Water Damage Liability: If pipes freeze because you turned off the heat, you could be sued for $10,000 to $50,000+ CAD in uninsured property damages.
- Property Check Services: If you do not have family nearby, hiring a bonded house-sitting service typically costs $25 to $50 CAD per visit.
How Long Does the Process Take?
The critical timeline relies on winter weather and insurance rules. During the traditional heating season (typically October through April), the unit generally must be physically checked every 48 to 72 hours. If the landlord suspects abandonment because rent is unpaid, they cannot simply change the locks immediately; they must wait for the LTB process or apply for an order terminating the tenancy, which takes several months. ⌚
Frequently Asked Questions (FAQ)
Can my landlord evict me just for leaving the unit empty for two months?
No. As long as you continue paying your rent on time and ensure the unit is safely maintained (e.g., someone is checking the heat), you are legally allowed to travel. The RTA protects your tenancy.
What happens if the landlord thinks I abandoned the apartment?
If rent is unpaid and the unit looks empty, the landlord can apply to the LTB for an order ending the tenancy due to abandonment. Communicating your travel plans stops this from happening.
Can I sublet my unit while I am travelling?
Yes, but you must get your landlord’s written consent to sublease the unit. Under the RTA, the landlord cannot unreasonably withhold their consent, though they can charge a small administrative fee.
Will my tenant insurance cover damages if I don’t have someone check the house?
Usually, no. If a pipe bursts while you are away and the insurance company discovers no one checked the unit for a week, they will likely void your coverage under the vacancy clause.
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