Death of a Tenant

What Happens if a Tenant Dies?

In Ontario, the Residential Tenancies Act addresses the specific circumstances surrounding the death of a tenant, providing guidance on tenancy termination, property preservation, and tenant rights.

While Section 91 of the Residential Tenancies Act stipulates the termination of a tenancy 30 days after the death of a tenant if there are no other tenants in the unit, it is important to note an exception. If the deceased tenant is survived by a spouse or partner who occupied the unit as their primary residence, they have the right to remain in the unit as a tenant. This provision, however, does not extend to the tenant’s adult children or other relatives.
For those wishing to protect the rights of an adult child to occupy the rental unit, an option is to add them as a tenant. This step ensures clarity and legal recognition of their tenancy.

Property Preservation, Disposal, and Pet Care

During the 30-day termination period, the landlord is obligated to preserve the property of the deceased tenant, however, there are exceptions. If the landlord identifies items that are unsafe or unhygienic, they must dispose of them, maintaining the safety and well-being of the rental unit. This includes contacting the family members or the executor of the deceased tenant, to remove the deceased’s body.

Pets left behind by the deceased tenant pose a unique challenge. In the absence of someone to care for them, landlords can turn them over to the local Humane Society. This ensures that the pets receive the attention and care they need in the wake of their owner’s passing.

Lock Changes for Access Control

To maintain security and control access to the rental unit, it is recommended that the locks be changed promptly after the tenant’s death (unless, as stated, there remains a spouse or partner to the deceased in the unit). This measure prevents unauthorized entry and safeguards the property and belongings during the transition period. You will want to verify the identity and authority of anyone that you allow into the rental unit. You may want to take photos and prepare a list of the tenant’s property before it is disposed of or removed.

Understanding the nuances of tenancy termination, property preservation, and tenant rights in the event of a tenant’s death is crucial for both landlords and surviving family members. Clear communication and cooperation between all parties involved foster a compassionate and respectful handling of the situation, recognizing the complexities surrounding the loss of a tenant.

This blog is general information and not intended as legal advice for you. If you would like more information or assistance with legal issues that arise from the death of a tenant, the lawyers at Malicki Sanchez will gladly assist you.

by Gibrian Malicki-Sanchez