Death of Tenant
Residential Tenancies Act, 2006, S.O. 2006, c. 17
91 (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant. 2006, c. 17, s. 91 (1).
Reasonable access
- (2) The landlord shall, until the tenancy is terminated under subsection (1),
- (a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and
- (b) afford the executor or administrator of the tenant’s estate, or if there is no executor or administrator, a member of the tenant’s family reasonable access to the rental unit and the residential complex for the purpose of removing the tenant’s property. 2006, c. 17, s. 91 (2).
CEL-62624-16-RV (Re), 2016 CanLII 100308 (ON LTB)
7. Pursuant to subsection 91(1) of the Act, the tenancy terminated on October 22, 2016 (30 days after the death of the Tenant).
11. The Tenant’s two sons had come to stay with their father for a while shortly before his death. The have remained in the rental unit since their father’s death.
15. The Tenant’s sons are not tenants. They have not paid any rent to the Landlord. They do not meet the definition of a tenant in section 2 of the Act. They have not paid rent in exchange for the right to occupy the rental unit. They have been living in the unit rent free since November 2016 and they have no tenancy agreement (neither written, verbal or implied) with the Landlord.
