Tenant Left Stuff Behind? Ontario's 72-Hour and 30-Day Rules for Durham Landlords

A tenant moved out and left a couch, a mattress, and forty bags in the basement. Can you throw it out today? In Ontario, the answer depends on how the tenancy ended. The same pile can be yours to clear this afternoon, in 72 hours, or in 30 days.

This is the plain-English version of the Residential Tenancies Act rules and the Landlord and Tenant Board's own brochure, Property Left Behind When a Tenant Moves Out. It is written for landlords and property managers in Oshawa, Whitby, Ajax, Pickering, Clarington, and the rest of Durham. The rules are provincial, so they are the same in every Durham municipality. The curb rules for what you clear out are not, and they are at the end.

This is not legal advice. If you are not sure which situation you are in, call the LTB at 1-888-332-3234 or talk to a lawyer or licensed paralegal before you dispose of anything.

Which rule applies

In every case, the landlord and tenant can agree to different terms in writing — for example, that the tenant can leave a sofa in the basement for two more weeks. Get it in writing.

The brochure adds one warning: these rules may not apply if a tenant moves out or dies and their spouse stays in the unit. Talk to the LTB first.

Moved out under a notice, agreement, or order: right away

If the tenancy ended under a notice of termination (yours or theirs), an agreement to end it, or a Board order, and the tenant simply left things behind, section 41(1) lets you sell, keep, or dispose of them immediately. There is no waiting period.

Two cautions before you book the trailer:

• Be sure the tenancy actually ended that way. A tenant who stopped answering texts has not given notice. Keep the signed notice or agreement on file.
• Take reasonable care with what you store. The LTB says a landlord who follows the rules and takes reasonable care to keep the property safe while storing it is not liable for selling, keeping, or disposing of it. That protection is the reason to do this by the book.

Evicted by the Sheriff: 72 hours

Where the Sheriff (the Court Enforcement Office) enforced an LTB eviction order, section 41(2) and (3) apply:

1. For 72 hours after enforcement, you cannot sell, keep, or dispose of the tenant's property.
2. During those 72 hours the property must be available to the tenant between 8 a.m. and 8 p.m., either in the unit or in a safe place close to it.
3. After 72 hours, unless you agreed otherwise, the tenant loses their claim, and you can sell, keep, or dispose of what is left.

A crew booked for the morning after the Sheriff cannot legally empty the unit. If you need the unit painted on day two, you can move the property to safe storage nearby, but it still has to be available to the tenant during those hours. Our eviction cleanout guide covers the clearout itself: stairs, curb limits by city, and what we set aside.

Abandoned the unit: notice, then 30 days

The LTB defines abandonment narrowly. A tenant has abandoned the unit if they owe rent and moved out without:

• giving you notice,
• getting a notice from you,
• agreeing with you to end the tenancy, or
• being evicted by an LTB order.

If the rent is paid up to date, the unit is not abandoned, even if nobody seems to be living there. Get advice before you treat it as abandoned.

To dispose of what an abandoning tenant left, section 42 requires one of two first steps:

• Apply to the LTB on an L2 for an order that the unit was abandoned and the tenancy has ended. Or:
• Serve a written notice on the tenant, with a copy to the Board, saying you intend to sell, keep, or dispose of the property. There is no LTB form for this. If you do not have a new address, the brochure says you can send it to their last known address or business address.

Then:

• Unsafe or unhygienic items — rotting food, a soiled mattress — can go immediately.
• Everything else waits 30 days from the order or the notice. You can leave it in the unit or move it to safe storage close by.
• If the tenant tells you within the 30 days that they want it, you must let them take it at a reasonable time. You can require them to first pay rent arrears and your out-of-pocket costs for moving, storing, or securing it.
• After 30 days you can sell, keep, or dispose of it. For six months after the notice or order, a tenant can still claim the proceeds of anything you sold, minus arrears and your reasonable costs. Anything you kept or disposed of, they cannot claim.

If there is nothing left in the unit and you are sure it was abandoned, the LTB says you do not need an order to re-rent. You can still apply for one if you want it on paper.

The tenant died: 30 days

If a tenant dies and nobody else on the tenancy lives in the unit, the tenancy ends 30 days after the death (section 91). During those 30 days:

• The property stays in the unit, apart from unsafe or unhygienic items.
• You must give the estate's representative reasonable access to the unit and the building to remove it.

After 30 days you can sell, keep, or dispose of it. For six months after the death, the estate can still claim property you kept, or the proceeds of what you sold, minus rent owed and your costs. You and the executor or administrator (or a family member, if there is neither) can agree to something else. That clearout usually looks more like an estate cleanout than an eviction.

What gets landlords in trouble

Disposing of property early, or not making it available during the 72 hours, opens two doors for the tenant:

• A T2 application to the LTB. The Board can order you to return the property, pay the tenant's reasonable costs to repair or replace what was damaged or disposed of, pay their other out-of-pocket expenses, and pay an administrative fine. The brochure puts that fine at up to $50,000 or the Small Claims Court limit, whichever is higher.
• A complaint to the Investigation and Enforcement Unit at the Ministry of Municipal Affairs and Housing. Not following these rules is an offence. The LTB says that on conviction an individual can be fined up to $100,000 and a corporation up to $500,000.

The habits that keep you out of both:

• Know which rule applies before anyone touches the unit. Write down why.
• Photograph and video everything as you found it, room by room, before anything moves.
• Keep copies of the notice of termination, the agreement, the LTB order, the Sheriff's enforcement date, or your section 42 notice and proof you served it on the tenant and the Board.
• Set aside documents, ID, photographs, medication, and anything that looks valuable, even after the waiting period. That is cheap insurance against a claim.
• Do not change your mind halfway. If you are inside a 30-day window, the whole pile waits, apart from unsafe or unhygienic items.

The clearout

Once you are allowed to dispose of what is left, it is a junk job like any other, and the Durham rules for what goes where still apply:

• The curb. Ajax, Pickering, Clarington, Uxbridge, Scugog, and Brock collect two bulky items per pickup through the Region. Oshawa collects six, booked through the City, and in buildings of nine or more units the owner or manager books it. Whitby charges $27 for up to twelve items under 20 kg each. Our curbside lookup has all eight. A couch and a dryer can wait for garbage day. A unit of bags usually cannot.
• The dump. One mattress fits in a car. Every Durham drop-off's hours and fees are on one page.
• Donation. Furniture in good shape may be worth a charity pickup first. Who actually picks up in Durham lists what each one refuses.
• A trailer. Our published rates, before HST: a room of furniture is often a quarter trailer at $209–$309, and a packed unit a full 15-yard load at $629–$799. You do not have to be there. A lockbox, photos, and a price confirmed by text before we load.

Selling the house rather than re-renting? The pre-listing checklist is the next step after the unit is empty, and listing agents can book the clearout through our realtor page. Lenders and administrators on a power of sale have their own foreclosure cleanout page.

We are a junk trailer, not your lawyer. Confirm which rule applies, tell us the date you are allowed to dispose, and send photos. We will book the clearout for after the clock runs out, not before.