Ontario Landlord Guide › My tenant left belongings behind or seems to have abandoned the unit. What can I do in Ontario?

My tenant left belongings behind or seems to have abandoned the unit. What can I do in Ontario?

Last updated October 23, 2026 · Written for small Ontario landlords

Short answer: It depends on how the tenant left. If they moved out under a notice, an N11 agreement or an LTB order, section 41 of the Residential Tenancies Act lets you sell, keep or dispose of what's left (after a Sheriff eviction, only once 72 hours have passed). If they just stopped paying and seem to be gone, the unit may be abandoned: get an LTB order on an L2, or give the tenant and the LTB notice and wait 30 days before disposing of anything that isn't unsafe or unhygienic.

Official source: Residential Tenancies Act, 2006, ss. 2(3), 39 to 42, 79, 88 and 106(10) (ontario.ca/laws) · Last checked Oct 2026

First question: did the tenant move out properly?

Section 41 covers a unit that was vacated in line with a notice of termination (yours or the tenant's, such as an N9), an agreement to end the tenancy (an N11) or an LTB order. In those cases you may sell, keep or otherwise dispose of property left in the unit or the building, and section 41(4) says you aren't liable to anyone for doing so. You and the tenant can also agree in writing to different terms, for example a pickup date.

After a Sheriff enforces an eviction order: you can't sell, keep or dispose of the tenant's things until 72 hours have passed, and during those 72 hours you must make them available for pickup at a location close to the unit during the hours set by regulation (s. 41(2) and (3)). If you don't, the former tenant can apply to the LTB, which can order you to return property, pay for damaged or disposed items and pay a fine.

When it might be abandonment

Abandonment is different: the tenant left without a notice, an agreement or an order. Section 39 says you can't take back possession of a unit unless the tenant has vacated or abandoned it, or an LTB eviction order allows it. If you guess wrong and the tenant was only away, changing the locks can lead to a tenant application on Form T2 (the T2 instructions list "changed the locking system without giving you replacement keys"). Section 40 also bans seizing a tenant's property for unpaid rent without legal process.

Section 42 gives you two ways to deal with property in an abandoned unit:

An LTB order. Section 79 lets you apply for an order ending the tenancy if you believe the tenant abandoned the unit. You use Form L2 (Reason 2). The L2 instructions say you must explain why you believe the unit was abandoned, the tenant must also be in arrears of rent, and no notice is needed before you file. The fee is $201, or $186 through the Tribunals Ontario Portal.
A notice of your intention to dispose of the property, given to both the tenant and the LTB. We didn't find a set LTB form for this on the LTB forms page, so put it in writing, date it, and keep proof of how you sent each copy. Call the LTB at 1-888-332-3234 to ask how to send the LTB's copy.

The 30-day rule for an abandoned unit

Unsafe or unhygienic items (spoiled food, for example) can be disposed of right away once the tenant has abandoned the unit (s. 42(2)).
Everything else can be sold, kept or disposed of only after 30 days have passed since the order or since you gave the notice to the tenant and the LTB (s. 42(3)).
If the tenant tells you within those 30 days that they want their things, they can remove them within the 30 days, and you must make them available at a reasonable time and a location close to the unit (s. 42(4) and (5)). You can require payment of rent arrears and your reasonable costs of moving, storing or securing the items first (s. 42(6)).
If you sold items and the tenant claims them within six months of the notice or order, you must pay them the sale proceeds minus your reasonable costs and any rent arrears (s. 42(7)). Keep receipts and a list of what sold for how much.

Worked example

Rent of $1,600 is due on the 1st. November rent (due Sunday, November 1, 2026) isn't paid. On Monday, November 9, 2026 you learn the tenant has left: the mail is piling up and a neighbour saw them load a truck, but their furniture is still in the unit.

On Tuesday, November 10, 2026 you give the tenant and the LTB written notice of your intention to dispose of the property. You throw out the spoiled food that day.
The tenant doesn't contact you. Once 30 days have passed, that is after Thursday, December 10, 2026, you can sell, keep or dispose of the furniture.
If you sell any of it, keep the records until at least Monday, May 10, 2027, six months after the notice, in case the tenant claims the proceeds.
Rent owed: under section 88, when a tenant leaves with no notice, arrears run to the earliest date a proper notice could have ended the tenancy if given on the day you knew or should have known they'd left. For a monthly tenancy that's at least 60 days and the end of a month: from November 9, December 31 is only 52 days away, so the date is Sunday, January 31, 2027. That is up to three months of rent (November to January, $4,800). A last month's rent deposit you hold goes to the last month's rent (s. 106(10)), and if you re-rent sooner, the claim stops on the day the new tenant is entitled to move in (s. 88(3)). Section 16 still requires you to take reasonable steps to minimize your losses, so advertise the unit and keep dated proof.

Where the toolkit helps: The toolkit's Move-In / Move-Out Inspection Form with a room-by-room photo log records what was left and its condition, and the LTB-Ready Evidence Pack's communication log keeps every notice and message dated. See what is inside the $19 toolkit

Avoid these mistakes

Treating a tenant who is away as gone. A tenant on a long trip or in hospital hasn't abandoned the unit. The Act says a tenant who isn't in arrears of rent hasn't abandoned the unit at all (s. 2(3)), so if rent is being paid, it isn't an abandonment case. When in doubt, apply to the LTB first.
Bagging everything on day one. Only unsafe or unhygienic items can go right away in an abandonment. Store the rest for the 30 days.
No record. Take dated photos of what was left, list it, and keep copies of every notice and message. You may need them at the LTB.

Re-renting the unit? Our move-in inspection guide shows how to record its condition from day one.

Free: the Ontario move-out checklist. Two pages, from the first text to re-renting: the right notice form, the date check with worked dates, the L3 deadline, showings, the last month's rent deposit and move-out day. Get the free move-out checklist (PDF)

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.