Ontario Landlord Rights: Abandonment, Tenant Death, Entry Refusals, and Pets

Introduction to Landlord Rights

All right, hey there Ontario landlords, welcome to another episode. Today we’re going to have some fun.

Tenant Abandonment Procedures

Joining the conversation is Robert Di Lisi from Stonegate Legal Services, walking through some interesting things landlords have to navigate.

First scenario: a tenant hasn’t been seen in months, and hasn’t paid rent in those same months. The landlord was told by someone else that the tenant might be in the hospital, and hasn’t heard from her directly in longer than she’s been behind on rent — they weren’t in constant communication. The landlord feels the tenant has abandoned the house and wants to know: is an eviction required, or is there an easier way? She just wants to rent the house back out.

Just because someone thinks it’s abandonment doesn’t mean it necessarily is. What if the tenant is on vacation in Europe and simply unavailable? Hearing rumors that she’s in the hospital doesn’t mean her tenancy is ending or that she’s abandoned the unit. If there’s a non-payment situation, the best path is to commence with an N4, then wait the 14 days, then proceed to the board. From now until the board hearing — typically 4 to 6 months — there’s a reasonable chance of getting hold of the tenant, or learning more about what happened to her. A landlord can’t simply claim abandonment because a tenant “isn’t there anymore” — how do you actually know that?

A landlord can also give 24 hours’ notice to enter, take pictures and video, but generally needs the tenant’s permission to do so — and if the tenant’s belongings are still there, that’s itself a sign they haven’t left, meaning something else may be going on that needs investigating. In this scenario, the right move is to commence with the N4.

There is a way to seek a determination of abandonment: a landlord can file with the board for a hearing on abandonment, and the board makes that determination based on the evidence submitted — pictures, video, testimony from others. A landlord shouldn’t make an arbitrary decision (like disposing of a tenant’s belongings) only to find out later nothing was wrong. Tenant death is a related, separate scenario worth covering.

Death of Tenant Protocol

Robert Di Lisi shares a personal example: a tenant he saw on a Friday, who told him, “I don’t have much left to go… thank you for being a great landlord.” Over the weekend, a neighboring tenant complained about a smell she thought was garbage. On the Monday, going back to the building, Di Lisi could hear the TV and water running, and a tenant outside was crying, saying she thought something had happened to the tenant. Opening the door, there was a strong smell, and the tenant, Carl, was found on the couch.

The procedure to follow: do not touch the body, and call the police. In this case, police, fire department, private investigators (to rule out foul play), the coroner, and an ambulance all responded — around seven responders total. The coroner made the final determination that it wasn’t a murder.

After that, next of kin or family are notified that the person has passed away. They have 30 days to remove the tenant’s belongings; if they don’t, the landlord can dispose of the belongings any time after the 30 days. If there’s no next of kin, it’s still 30 days before the landlord can dispose of belongings — Di Lisi recommends always trying to find a next of kin, which is why his rental applications ask for an emergency contact.

On a deposit: last month’s rent can only be used for last month’s rent. If a tenant paid for a period after they passed away, the considerate thing is to give that money back to whoever requests it (typically next of kin) — even though, in that scenario, the tenant technically wasn’t able to give the standard 60 days’ notice.

Property Entry Guidelines

Another common scenario: a tenant refusing entry, for example after a storm when contractors were needed to make repairs inside a condo unit, and the tenant wouldn’t let them in despite it being agreed to — and then called the police when anyone tried to enter (no one entered without permission).

Notice must be given for entry — not an email or text message; it should be posted to the door. If a landlord has a good relationship with a tenant, an email or text exchange can work in practice, but if a tenant is refusing entry for maintenance, the landlord should document the day and time in case it becomes a hearing — this evidence shows an attempt to mitigate damages.

There are two options at that point. First, the landlord can call the police and request a peace officer to escort them into the property — depending on the department, police may or may not oblige, since some will say it’s outside their jurisdiction and they’re only there to keep the peace. It’s worth talking to the desk sergeant at the precinct rather than a patrol officer, since the desk sergeant usually knows more about this kind of situation. Second, the landlord has the right to file an N5 for not allowing entry — which also applies to showings, such as when trying to sell the property. The catch with an N5 is that it’s a “behavioral application,” so it’s still about 4 to 6 months to get to the board, then another 30 to 60 days for the order to be mailed — a long process, and not always resulting in enforcement of an eviction, since it’s usually treated as a slap on the wrist rather than something with real teeth.

Pet Policy Regulations

Another very common issue: a lease says no pets, but the landlord notices the tenant has a puppy or a cat. A no-pets clause actually goes against the legislation — a landlord can put it in the lease, but if the tenant brings in a pet, they generally can’t be evicted for it, assuming it’s a legal pet (not a dangerous or venomous animal).

One exception: if a landlord has a documented medical reason — for example, an allergy affecting the landlord or their child, when renting out a shared house with a basement unit — that can be argued at the board (the same reasoning applies to smoking in a shared space with an allergy or sensitivity concern). Otherwise, a landlord can ask about pets up front, but if pets are brought in afterward, the main lever available is in a condo, where pet policies (weight limits, breed limits, or a “no dogs” rule) are set by the condo’s own board — commonly around a 25-pound weight limit, though every condo’s rules differ. This is specific to a condo; in a standalone multifamily building (for example, a fourplex where one tenant is allergic to dogs and another tenant gets one), the same no-pets clause generally can’t be used to evict, since it goes against the legislation the same way.

Even in a condo with a strict no-pets policy, an exception applies for a support or service animal — that becomes a human rights matter, and exceptions can be made (for example, allowing one service dog while otherwise enforcing a no-pets rule, alongside a separate cap like two cats per unit).

Key Takeaways

On adding a person to a lease — a roommate, a partner, or additional family members — a landlord rents out the property, not a fixed number of occupants. On a three-bedroom house, for example, six, seven, or even eight people could reasonably occupy the unit as guests, occupants, or roommates, subject to the city’s bylaws on occupancy (usually based on square footage). What matters is that the landlord should never accept rent from anyone other than the named tenant(s) on the lease — doing so can create an “implied tenancy,” meaning that person becomes a tenant too. That matters because if a notice ever needs to be filed and doesn’t list all tenants’ names accurately, the board may dismiss the application.

On splitting utilities in a duplex where usage isn’t separately metered: if the lease sets a fixed percentage split between the upper and lower units, that arrangement stays as written even if one tenant’s household grows and uses more water or electricity — there’s no way to adjust the bill after the fact, only to address it through the city’s occupancy bylaws.

Robert Di Lisi shares one more story: a basement tenant whose utilities were all included got into a dispute with the landlord, and in response began inviting friends over nightly to do laundry, running up water and electricity usage far beyond what one person should use. Some municipalities, depending on the area, will place unpaid utility charges onto a landlord’s property taxes if a tenant skips out — even for electricity, which surprised even Di Lisi when a client described a $7,000 bill ending up there.

The scales in Ontario currently tilt more toward the tenant, which is frustrating for landlords — a topic for a future episode, since there are ways this could ideally be brought back into better balance for everyone. If a similar situation ever comes up, reach out — Kevin can always connect landlords with Rob Di Lisi and the Stonegate Legal Services team for landlord or tenant issues.

Thanks so much for your time, as always, Rob — appreciate it. Bye for now. Please remember, while we are professionals, this podcast is for informational and entertainment purposes only. The advice shared may not apply to your unique situation. Always seek personalized advice from a qualified professional before making any investment decisions.

Hey everybody, thanks so much for joining us this week. I hope you enjoyed the episode. If you’re finding it informative and useful, make sure to like, subscribe, and share with a friend so that we can keep getting the information out there to Ontario landlords, and keep on joining us. We’ll see you next time.