Abandonment of a Rental Unit
What to do as a landlord.
3 min read
As a landlord of a rental property, it is not uncommon for issues to arise, including the possibility of a tenant abandoning your rental unit. If you have reason to believe that your tenant has abandoned their unit and are unsure of the next steps, you have come to the right place.
According to the Landlord and Tenant Board of Ontario, several guidelines must be met to determine if the unit has been abandoned.
When Is The Unit Considered Abandoned?
Abandonment is a unilateral act by the tenant to relinquish their tenancy and give up possession of the rental unit without adequately giving notice of the termination to the landlord. If the landlord is not sure whether or not a rental unit has been abandoned, they may apply to determine this issue with the Board.
Section 79 of the Residential Tenancies Act (RTA) states, "if a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Board for an order terminating the tenancy." This, however, is not mandatory for the landlord to treat the unit as abandoned but may pose a risk unless it is clear that the tenant has vacated the unit and has no intention of continuing their tenancy. However, a rental unit is not considered abandoned if the tenant is not in rent arrears. Even if there is evidence of abandonment, the landlord cannot treat the unit as abandoned before the end of the rental period if the rent is fully paid.
Evidence of Abandonment
If rent is due, there must still be substantial evidence of abandonment before the landlord can re-rent the unit or deal with the tenant's remaining property. The landlord's responsibility is to make a reasonable effort to contact the tenant to determine if they have left the unit. It should provide the tenant with ample time to respond. The failure of the tenant to respond must be consistent with the abandonment of a unit.
If the landlord has reason to believe the tenant has abandoned their unit, they may apply to the Board and must present the application to the tenant. For further information on treating the abandonment of a rental unit, click here.
Reference
LTB: Abandonment of a rental unit. LTB | Abandonment of a Rental Unit. (n.d.). Retrieved March 15, 2022, from https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/04%20-%20Abandonment%20of%20a%20Rental%20Unit.html
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