A tenant moving out and leaving things behind seems like a minor inconvenience — but handling it incorrectly under Ontario law can expose you to real liability, including fines. Here's exactly what the Residential Tenancies Act requires.
The Critical First Question: Is Rent Actually Owing?
Under Section 2(3) of the RTA, a unit is not considered abandoned if the tenant isn't in arrears of rent — even if it's clearly vacant and belongings are still inside. If your tenant paid up in full and simply moved out without giving notice, you cannot treat the unit as abandoned. This single distinction determines which set of rules applies, so confirm the rent status before doing anything else.
Scenario 1: Genuine Abandonment (Rent Owing, Tenant Gone Without Notice)
If rent is in arrears and you have reasonable grounds to believe the tenant has left for good, you have two paths:
Apply to the LTB for an abandonment order under Section 79 of the RTA, which formally confirms the tenancy has ended and gives you clear legal authority to proceed.
Or give notice to both the tenant and the LTB that you intend to consider the unit abandoned. This notice starts a mandatory 30-day waiting period before you can dispose of the tenant's belongings.
Either way, you must document your basis for believing the unit is abandoned — reasonable attempts to contact the tenant, observed signs like removed furniture, and a genuine, confirmed rent arrears situation.
What You Can Do During the 30-Day Window
Dispose of unsafe or unhygienic items immediately — spoiled food, biohazard materials, and similar items don't need to wait out the full period.
Store everything else safely for the remainder of the 30 days.
If the tenant contacts you during this window, you must make their belongings available at a reasonable time and a location close to the rental unit. You may require payment of rent arrears and reasonable out-of-pocket moving or storage costs before releasing the property — but you cannot simply refuse to return it.
Scenario 2: Sheriff-Enforced Eviction (A Different Rule Entirely)
If a tenant was formally evicted through an LTB order and the Sheriff enforced it, a different rule applies: you must wait 72 hours after the eviction before selling, keeping, or disposing of anything left behind — not the 30-day rule that applies to abandonment. The property must still be made available for the former tenant to retrieve at a location close to the unit.
Why Getting This Wrong Is Genuinely Costly
Following the correct process protects you from liability if you eventually sell, keep, or dispose of the property. Failing to follow it is a different story entirely: it's an offence under the RTA, and a landlord found to have violated these rules can face a fine of up to $100,000 for an individual, or $500,000 for a corporation — on top of any civil claim the tenant brings for the value of what was disposed of improperly.
What to Document Throughout the Process
The date and basis for believing the unit is abandoned (or the eviction date, if Sheriff-enforced)
Every attempt to contact the tenant, with dates and method
Confirmation of the rent arrears status
Photos of the property's condition and any belongings left behind
Copies of any notice sent to the tenant and the LTB
What Landlords Often Get Wrong
Assuming a vacant-looking unit is automatically abandoned, without confirming rent is actually owing.
Disposing of belongings before the 30-day period has run, even with good intentions to "clean up" quickly for the next tenant.
Confusing the abandonment rules with the Sheriff-eviction rules — these are genuinely different processes with different timelines, and applying the wrong one can itself constitute a violation.
The Bottom Line
Handling a former tenant's belongings correctly comes down to one critical first check — whether rent is actually owing — followed by strict adherence to whichever specific timeline applies. Given the real financial exposure for getting this wrong, this is exactly the kind of situation worth slowing down for, even when you're eager to turn the unit around quickly.
Facing a situation with belongings left behind and want to make sure you're following the correct process? Contact our team — we help GTA landlords handle this correctly from the start.
This article summarizes general Residential Tenancies Act principles and is not legal advice. Consult a paralegal or lawyer for guidance specific to your situation.
