What Are Your Responsibilities as a Landlord?
No landlord ever accepts a tenant into their rental with the thought that months later they will be evicting that person. But these things happen. It is one of the risks involved in owning rental property.
Quite frequently, the relationship between landlords or property managers and their tenants will break down to the point where the only way to get that tenant out of the home is via forceful removal.
Evicting a tenant often becomes necessary when:
· The tenant fails to pay the rent.
· The tenant breaks the terms of the lease.
· The tenant is damaging the landlord’s property.
· The tenant is disturbing or endangering other people on the premises.
The above are valid reasons for a landlord or manager to evict a tenant. But having good reasons to evict a tenant doesn’t mean you have the right to do it.
In Canada, the process of evicting a tenant can take several weeks. In Ontario, the minimum is 75 days, but it can take as long as 110 days.
During this period, chances are you will not earn any income from the unit. That is because when the eviction process begins, most tenants get angry and stop paying the rent. So it is natural if you are in a hurry to get back control of your property and resume your business.
That desire could lead to serious trouble if you do not follow the processes as laid out by the law. One of the areas where landlords are open to lawsuits is their handling of tenants’ belongings left behind after eviction.
What should you do with tenants ‘belongings after eviction?
There are different ways to deal with a tenant’s items left behind following an eviction. Different rules apply depending on whether they moved during the eviction processes or were physically removed by the court-appointed sheriff.
If a tenant moves after getting an eviction notice
The tenant may decide to move after you give them an eviction notice or after they are served an eviction order from the “Landlord and Tenant Board.” If a tenant moves before being forcefully removed and leaves some of their stuff behind, the law allows you to dispose of those items.
You can do this the day after they move or after the termination date in the notice. It would be best if you do it on the latter of the two dates. The law allows this because it assumes that anything the tenant leaves behind is of no value to them since they did not remove it from the premises.
If the sheriff evicts the tenant
Conversely, if the sheriff physically removes a tenant, they may not have had enough time to get all their belongings. In this case, the law gives the tenant limited time to come back and collect their stuff. In most states/provinces, the limit is 48 hours (two days), but some states/provinces extend up to 72 hours (three days).
During this time, you have the authority to remove the items from the house or apartment and put them in a nearby location where the tenant can get them. The tenant may retrieve the items any time between 8 a.m. and 8 p.m.
Special considerations
Landlords are also allowed to extend the period within which a tenant may recover their items. In some cases, the tenant may ask the landlord for more time. Whether you accept the request or not is up to you. If you choose to give the tenant more time, make sure you document the tenant’s request and your written response to prevent disputes and future lawsuits. However, if you refuse to extend the deadline, the tenant must remove their belongings within the stipulated time or risk losing them.
If the tenant does not meet the deadline
If the deadline passes and the tenant has not removed their items, you have the right to throw away, sell or dispose of them as you see fit. Nevertheless, there are a few things to note.
As a courtesy to the tenant, keep the following items safe if found:
· Prescription drugs should be locked away or brought to a pharmacy for safe disposal if the tenant has not come to claim them after a reasonable length of time. Take narcotics to the police station.
· Prescription glasses and medical devices (wheelchairs, braces, etc.)
· Personal IDs (driver’s licenses, international passports, birth certificates, etc.)
· Legal and business documents or unopened mails.
If you find drugs, firearms, or illegal items among a tenant’s belongings, report to the police. Before you dispose of any item, check your province’s rules for proper disposal of that item.
More information on the forms required for Landlords
More information on the forms required for Tenants