Ottawa Real Estate Investors Organization

Death of a tenant

If a tenant dies, and there is no other tenant of the same rental unit, the Tenant Protection Act says that the rental agreement automatically ends 30 days after the tenant’s death. This rule applies to all rental units covered by the Act, including care homes.

During this 30-day period, the landlord:

• is entitled to collect any rent that would normally be owed, including any pro-rated rent for part of a rental period (for example, part of a month),
• must preserve any personal property of the tenant inside the rental unit or elsewhere in the property, except for any property which is unsafe or unhygienic,
• must permit reasonable access to the rental property and the deceased tenant’s unit by any executor or administrator of the tenant’s estate – or if there isn’t such a person, by a member of the tenant’s family – to allow them to remove any personal property of the tenant.

If the tenant’s property is not removed by any executor, administrator, or family member by the end of the 30-day period, the landlord is entitled to sell or otherwise dispose of the property, or retain it for the landlord’s own use.

If within six months after the tenant’s death, an executor or administrator of the tenant’s estate, or a member of the tenant’s family, makes a claim for any property which the landlord has sold, the landlord must pay to them any proceeds of the sale. However, the landlord is entitled to deduct any reasonable out of pocket expenses incurred by the landlord for moving, storing, securing or selling the property, plus any arrears of rent which may have been left owing to the landlord.

If any property was retained by the landlord for their own use, it must be turned over to an executor or administrator or family member, if it is claimed within six months after the tenant’s death.

The executor or administrator of a deceased tenant’s estate and the landlord can make any other arrangements they wish to make regarding the termination of the rental agreement and the disposal of any personal property of the tenant.

Thanks,

Albert

----- Original Message ----
From: Robert Wein <rob@wein.ca>
To: Real-Estate-Investment-Club@yahoogroups.com
Sent: Friday, April 14, 2006 10:58:48 AM
Subject: [Real-Estate-Investment-Club] Death of a tenant

Hi Everybody

If a tenant passes away in the middle of a month (April 7th), what does
the landlord do? What is the tenant responsibility?

The TPA states that any/all leases auto-terminate after 30 days but what
is owing to the landlord? Can the landlord reasonably expect all of
May's rent, or a pro-rated amount?

I'm on the tenant side this time - it is an uncle that passed away - but
I also do not want to stick it to the landlord (ie we get shafted
enough!)

Thanks

Rob