As Toronto’s rental market evolves, landlords may encounter an increase in tenancy-related matters that, while infrequent, present unique emotional and legal challenges—such as the death of a tenant. In Ontario, sections 91 and 92 of the Residential Tenancies Act, 2006, S.O. 2006, c.17 (RTA) directly address such situations.
Under section 91(2) of the RTA, landlords are required to safeguard the deceased tenant’s property (subject to some exceptions) and grant “reasonable access” to the deceased’s estate trustee, administrator, or their family members for the purpose of removing the tenant’s property from the rental unit.
This provision is crucial for both landlords and the tenant’s connections given the urgency often associated with these circumstances. Where the tenant lived alone, the tenancy is deemed terminated 30 days after the date of death. After this 30-day period, the landlord is entitled to restrict access and may lawfully dispose, as they see fit, of any remaining property belonging to the tenant.
For estate trustees, prompt written communication to the landlord allows for ample time to coordinate access and arrange for the removal of the tenant’s belongings within the 30-day period. Through timely organization, this can help avoid misunderstandings and facilitate a smoother transition for all parties involved.
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Chloe Cho