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Your Landlord Died: What Happens to Your Tenancy in Ontario

17th August 2026BY Qasim Nihang

Your Landlord Died: What Happens to Your Tenancy in Ontario

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.

The Short Answer

Quick answer

In Ontario, a tenancy does not end when the landlord dies. The Residential Tenancies Act, 2006 defines a "landlord" to include the heirs, personal representatives, and successors in title of the owner. The estate trustee — the person named in the will or appointed by the court to manage the estate — typically assumes the role of the landlord under the Act. Rent is still owed and should keep being paid. The estate remains responsible for repairs and vital services such as heat and water. A tenancy may be ended only in the ways the Act allows, and the owner's death is not one of them.

What Does Not Change When Your Landlord Dies

Learning that your landlord has died raises questions your lease does not answer. Who receives the rent now? Who arranges repairs? Could someone ask you to move?

Ontario law settles most of this before anyone has to negotiate it. Your tenancy continues under the same terms, at the same rent, with the same protections you had the day before the landlord died. What changes is the person on the other side of the agreement, not the agreement itself.

This guide covers who that person is, where to send rent payments while the estate is being sorted out, who handles repairs, what happens to your last month's rent deposit, and what a sale may mean for you. If you are dealing with an estate for the first time, our overview of the estate trustee's duties in Ontario explains the role in more detail.

s. 2(1)The Residential Tenancies Act definition of “landlord” that includes personal representatives
s. 37A tenancy may be ended only in the ways the Act allows
s. 20The obligation to keep the property in a good state of repair, carried by the estate

Quick Start: Find Your Situation

Four situations cover most tenants whose landlord has died: someone has contacted you about the estate, nobody has contacted you at all, a relative is asking for the rent, or the property has been listed for sale. Each one has a different next step, and each is covered below.
Someone has told you they are handling the estate

Ask for written confirmation, then keep paying rent as usual. See "Where to Send Rent During the Probate Gap."

Nobody has contacted you, and rent is due

Set the money aside and document your attempts to reach the estate. Also see "Where to Send Rent During the Probate Gap."

A family member is asking you to pay them directly

Ask who holds legal authority before you send anything. See the FAQ below.

The property has been listed for sale

Your tenancy may continue with the buyer. See "If the Estate Sells the Property or Asks You to Leave."

Who Becomes Your Landlord After the Owner Dies

When an Ontario landlord dies, the estate trustee typically becomes the landlord. The Residential Tenancies Act, 2006 defines a landlord to include the heirs, personal representatives, and successors in title of the owner. That happens automatically under the Act, so no new lease is needed.

An estate trustee, often called an executor, is the person responsible for managing everything the deceased owned. They may be named in the will, or appointed by the Superior Court of Justice through a certificate of appointment of estate trustee. Getting that certificate is the process most people call probate.

Two further rules keep your tenancy stable. Section 18 of the Act provides that the promises in a tenancy agreement run with the land, so a change of ownership does not disturb your terms. Section 37 allows a tenancy to be ended only in the ways the Act sets out.

When the property never reaches the estate

Not every rental property passes through an estate. Under the Estates Administration Act, property passes to the personal representative only where no other person has a right to take it by survivorship. If your landlord owned the property in joint tenancy — a form of shared ownership in which the survivor automatically takes the whole property — it may go straight to the surviving co-owner and never enter probate. You may then be dealing with a living owner rather than a trustee. Our guide to joint tenancy and the right of survivorship explains the difference.

Landlord Dies Versus Tenant Dies: Two Different Rules

These are opposite situations under Ontario law. When a sole tenant dies, section 91 of the Residential Tenancies Act deems the tenancy to end 30 days after the death. When the landlord dies, the tenancy does not end, and section 91 does not apply.

Much of what circulates online may be confusing the two situations. If you have read that a tenancy ends 30 days after a death, that rule was written for when the tenant dies.

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Landlord Dies Versus Tenant Dies Under the Residential Tenancies Act
Two different rules that are often mixed up online. The 30-day rule applies only when a sole tenant dies.
Does the tenancy continue?
The landlord dies
Yes. It continues on the same terms, at the same rent.
A sole tenant dies
No. Section 91 deems it terminated 30 days after the death.
Who holds the landlord role?
The landlord dies
The estate trustee, under the section 2(1) definition of “landlord”.
A sole tenant dies
Unchanged. The landlord stays in the role.
Who owes the rent?
The landlord dies
The tenant, paid to the estate.
A sole tenant dies
The tenant’s estate, until the tenancy is deemed to end.
Who handles repairs?
The landlord dies
The estate, under section 20.
A sole tenant dies
The landlord, under section 20.
What can end the tenancy?
The landlord dies
Only the routes set out in the Act. Death is not one of them.
A sole tenant dies
The deemed termination in section 91.
s. 2(1)
Definition of “landlord” — includes heirs and personal representatives
s. 37
Termination only in accordance with the Act
s. 91
Death of a tenant — the rule that does not apply here
Source: Residential Tenancies Act, 2006, S.O. 2006, c. 17, ss. 2(1), 20, 37, 91 — ontario.ca/laws/statute/06r17
Nihang Law Professional Corporation · Law Society of Ontario

Where to Send Rent During the Probate Gap

Rent is still owed after your landlord dies. If someone has confirmed in writing that they hold authority over the estate, keep paying as usual. If nobody has confirmed it, set the exact rent aside in a separate account on each due date, and keep a record of every attempt you make to find the estate trustee.

Written confirmation can be a copy of the page of the will naming the person as executor, or a copy of the certificate of appointment of estate trustee. A short, polite email asking for one of these is a reasonable request, and most estates can produce it.

Setting money aside is not the same as withholding rent. Rent remains owed for every rental period, and an estate may claim arrears later. You are holding the money so it can be paid the moment there is someone entitled to receive it.

Keep your records complete: the date each payment was due, the amount, where the money is being held, and copies of the messages you sent. If your usual e-transfer bounces back because an account has been closed, save that notice too.

Repairs and Vital Services While the Estate Is in Charge

The estate carries the same repair obligations the deceased owner had. Section 20 of the Residential Tenancies Act requires a landlord to keep a property in a good state of repair and fit for habitation. Section 21 prevents a landlord from withholding a vital service such as heat, water, or electricity.

Put every repair request in writing to whoever is administering the estate. Describe the problem plainly, and keep a copy. Written requests matter more than usual here, because an estate may be managed by someone who has never run a rental property.

If a request goes unanswered, a tenant may file a T6 application about maintenance with the Landlord and Tenant Board. Where a dispute becomes more serious, our team also handles disputes over rental property.

What Happens to Your Last Month's Rent Deposit

Your last month's rent deposit stays with the tenancy. Under sections 105 and 106 of the Residential Tenancies Act, it is a rent deposit, applied to the final rental period of the tenancy. It cannot be used for damage or cleaning, and annual interest is payable on it.

These deposit rules do not change because the estate now owns the property. The obligation attaches to whoever holds the landlord role, so an estate trustee inherits it along with everything else.

If a deposit is not applied properly, or interest goes unpaid, a tenant may file a T1 application for a rebate of money the landlord owes. Keep your original receipt or lease showing the deposit amount, since an estate trustee may have no record of what was collected years earlier.

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Which Landlord and Tenant Board Application Fits Your Problem
An estate steps into the landlord’s role, so the same tenant applications remain available to you.
T1Rebate of money the landlord owes
Typically used when
A last month’s rent deposit was not applied to the final rental period, or the annual interest on it goes unpaid.
T2Application about tenant rights
Typically used when
Someone interferes with your reasonable enjoyment of the unit, enters improperly, or otherwise interferes with your rights.
T5Notice of termination given in bad faith
Typically used when
An N12 or N13 notice was given and you have reason to believe it was not genuine.
T6Application about maintenance
Typically used when
Repairs go unanswered, or the unit is not kept in a good state of repair and fit for habitation.
$35,000
The most the Board may order on a tenant application. Larger claims typically go to court.
Filed, not sent
Applications are filed with the Board, not sent as correspondence.
Source: Tribunals Ontario — Landlord and Tenant Board tenant applications — tribunalsontario.ca/ltb
Nihang Law Professional Corporation · Law Society of Ontario
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Annual Interest Rate on a Last Month’s Rent Deposit
Interest on a rent deposit is paid at the rent increase guideline in effect at the time payment becomes due. An estate owes it on the same terms the deceased owner did.
RTA s. 106(6)
Interest is payable annually on a rent deposit at the guideline rate in effect when payment becomes due.
RTA s. 106(10)
A rent deposit is applied to the final rental period, and cannot be used for damage or cleaning.
Source: Government of Ontario — residential rent increases — ontario.ca/page/residential-rent-increases
Nihang Law Professional Corporation · Law Society of Ontario

If the Estate Sells the Property or Asks You to Leave

A sale does not end your tenancy. The buyer becomes your landlord on the same terms, and section 37 of the Residential Tenancies Act allows a tenancy to be ended only in the ways the Act sets out.

An estate or a buyer who wants the unit for personal use has to give proper written notice on the Board's prescribed form, and compensation rules may apply. A tenant who believes a notice was given in bad faith may file a T5 application with the Board.

Showings, listings, and questions from real estate agents are a normal part of a sale and do not change your rights. If a sale is underway, our real estate team can explain what typically happens on closing.

A Step-by-Step Plan for Your Next Rent Payment

Confirm who holds authority over the estate and ask for it in writing. Keep paying rent to that person, or set the money aside if nobody can be identified. Put repair requests in writing. Apply to the Landlord and Tenant Board if an issue stays unresolved.
  1. 1
    Confirm what happenedVerify the death through a family member, the estate, or a published notice, rather than acting on word of mouth from a neighbour.
  2. 2
    Find out who holds authorityAsk, in writing, for a copy of the will naming the executor or a certificate of appointment of estate trustee.
  3. 3
    Deal with the rentPay rent as usual once authority is confirmed. Until then, set the exact amount aside and record each due date.
  4. 4
    Put repairs in writingSend requests to the estate trustee and keep copies, along with photos where the problem can be seen.
  5. 5
    Escalate if nothing movesThe Landlord and Tenant Board handles maintenance, deposit, and tenant rights applications.
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The Order Things Typically Happen After a Landlord Dies
What usually comes next, and who you are dealing with at each point.
The owner dies
The tenancy continues unchanged and rent remains owed. Nothing about your agreement ends.
The property devolves to the personal representative
Under the Estates Administration Act, unless it passes to a co-owner by survivorship. Where it does, you may be dealing with a living owner instead.
An estate trustee comes forward, or applies for a certificate of appointment
Ask for written confirmation of authority before paying anyone. Until then, set the exact rent aside.
The estate administers rent and repairs
Pay rent to the estate trustee. Send repair requests in writing and keep copies.
The property is transferred to a beneficiary, or sold
Your tenancy continues with the new owner on the same terms.
This is a sequence, not a schedule. No step has a fixed duration. How long an estate takes can depend on whether there is a will, how straightforward the estate is, whether anyone disputes it, and how quickly the estate trustee applies to the court.
Estates Administration Act, s. 2(1)
Property devolves to the personal representative, unless it passes by survivorship
Estates Act
Certificate of appointment of estate trustee
Source: Estates Administration Act, R.S.O. 1990, c. E.22, s. 2(1); Estates Act, R.S.O. 1990, c. E.21
Nihang Law Professional Corporation · Law Society of Ontario

Common Mistakes Tenants Make After a Landlord Dies

  • •Stopping rent payments during the gap. Rent keeps accruing even when there is nobody to pay. Set it aside instead.
  • •Paying whoever asks first. A relative may have no legal authority over the estate. Ask for written proof before sending money.
  • •Assuming the lease died with the landlord. Your tenancy continues on the same terms, and no new agreement is required.
  • •Moving out because someone suggested it. Only the Act can end a tenancy, and a verbal request from a family member does not.
  • •Letting repairs slide out of sympathy. Estates can be slow, and an unrecorded request is difficult to rely on later.
  • •Writing off the deposit. Your last month's rent deposit and the interest on it survive the change in ownership.

Frequently Asked Questions

My landlord died — do I still have to pay rent?

Yes. Rent remains owed after a landlord dies. The estate trustee typically becomes your landlord under the Residential Tenancies Act, 2006, and rent is paid to the estate. If nobody has identified themselves yet, set the exact amount aside on each due date and keep a record of it.

Who do I pay rent to if no executor has been appointed yet?

Until someone confirms in writing that they have authority over the estate, there may be nobody who can properly receive the rent. Set the exact amount aside in a separate account, document your attempts to find the estate trustee, and pay promptly once authority is confirmed.

Does my lease end when my landlord dies?

No. A tenancy may be ended only in the ways the Residential Tenancies Act allows, and the death of the owner is not one of them. Your rent, your term, and your protections stay the same. No new lease or signature is required.

The landlord's son is asking me to e-transfer the rent to him. Do I have to?

Not without proof of authority. A relative is often trying to help rather than to mislead, but only the estate trustee may collect rent for the estate. Ask politely for a copy of the will naming them executor, or a certificate of appointment of estate trustee.

Who fixes things now that the owner has died?

The estate does. Section 20 of the Residential Tenancies Act requires a landlord to keep a property in a good state of repair and fit for habitation, and that obligation passes to whoever holds the landlord role. Send repair requests in writing and keep copies.

Will I get my last month's rent back if my landlord died?

Your deposit typically survives the change in ownership. Under the Residential Tenancies Act, it is applied to the final rental period of the tenancy rather than refunded, and annual interest is payable on it. A tenant may apply to the Landlord and Tenant Board if it goes unpaid.

Can the estate evict me so the family can sell the house?

A sale on its own does not end a tenancy, and the buyer typically inherits it on the same terms. Where a buyer or a family member genuinely requires the unit, proper written notice on the Board's prescribed form is required, and compensation rules may apply.

How long does probate take before I know who my landlord is?

Timing varies. It can depend on whether there is a will, whether the estate is straightforward, whether anyone disputes it, and how quickly the estate trustee applies to the court. Keep paying or setting rent aside while the estate sorts itself out.

Getting Help With an Estate-Owned Rental

The death of a landlord changes who you deal with, not what you are entitled to. Your tenancy continues, rent is still owed, and the estate carries the same obligations the owner had. Where an estate goes quiet, the Landlord and Tenant Board remains open to you.

Speak With an Ontario Estates and Property Lawyer

Nihang Law handles both estates and property disputes, which helps when a tenancy problem and an estate problem arrive together. Qasim Ali, Principal Lawyer at Nihang Law leads the firm’s Toronto and Scarborough practice, and our estate litigation team can advise where an estate is unresponsive.

Speak With Our Team
This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions. Nihang Law Professional Corporation is licensed by the Law Society of Ontario.
Qasim Ali — Principal Lawyer at Nihang Law Professional Corporation

About the author

Qasim Ali

Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario

Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, civil litigation, employment law, wills and estates, and business law.

Nihang Law is particularly recognized for its depth in immigration and real estate law, a combination that serves newcomers and growing families navigating both legal systems at the same time.

Sources & References

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