Chattels left on the premises
15(1)Except when a landlord and tenant have agreed in writing otherwise, a landlord may remove the chattels from the premises if a tenant leaves chattels on the premises after abandoning the premises in breach of the tenancy agreement or after losing possession of the premises on the termination or expiry of the tenancy, and the landlord shall
(a)
store the chattels in a safe and secure location until the landlord is authorized to dispose of the chattels under this section,
(b)
attempt to contact the tenant about the chattels and keep a record of the attempt, and
(c)
apply to a residential tenancies officer for a determination and directions.
15(1.1)In an application under subsection (1), a landlord shall provide a residential tenancies officer with an itemized list of the chattels removed or with other documentation satisfactory to the residential tenancies officer.
15(1.2)If a residential tenancies officer determines that the chattels removed under subsection (1) are unsanitary or dangerous, the residential tenancies officer may authorize the landlord to dispose of the chattels without delay, regardless of the value of the chattels.
15(1.3)If a residential tenancies officer determines that the chattels removed under subsection (1) have a value that is less than the amount prescribed by regulation, the landlord may dispose of the chattels if at least ten days have passed since the tenant left the chattels on the premises.
15(2)Repealed: 2023, c.27, s.7
15(3)If a residential tenancies officer determines that the chattels removed under subsection (1) have a value equal to or greater than the amount prescribed by regulation but equal to or less than the amount owing to the landlord by the tenant, the residential tenancies officer may authorize the landlord to sell or otherwise dispose of the chattels.
15(4)If a residential tenancies officer determines that the chattels removed under subsection (1) have a value equal to or greater than the amount prescribed by regulation and greater than the amount owing to the landlord by the tenant, the residential tenancies officer may store the chattels for a period of time determined by the officer by considering all the relevant circumstances and the officer shall give the tenant notice of this decision.
15(4.1)If the tenant or any person claiming title to the chattels stored by the residential tenancies officer applies for a return of the chattels, the residential tenancies officer may recover any storage costs incurred by the residential tenancies officer, and interest on the costs, at the rate prescribed by regulation before returning the chattels.
15(5)Where the tenant or any person claiming title to the chattels does not respond to the notice given under subsection (4) or does not pay the storage costs as provided under subsection (4.1), the residential tenancies officer may, at the end of the storage period, sell the chattels by public auction or by private sale in the manner prescribed by regulation.
15(6)The proceeds of any sale under this section, accruing after the costs of the sale and storage including interest on such costs at the rate prescribed by regulation, shall be used to discharge any debt which in the opinion of the residential tenancies officer is owing by the tenant to the landlord and the balance, if unclaimed by the tenant within one year of the sale, may be dealt with in the same manner as interest under the provisions of section 8.1.
15(6.1)No landlord shall dispose of chattels left by a tenant in the circumstances described in subsection (1) except in accordance with subsection (1.3) or as authorized by a residential tenancies officer under subsection (1.2) or (3).
15(6.2)No landlord shall prevent a tenant or a person claiming title to the chattels left by a tenant in the circumstances described in subsection (1) from accessing or retrieving the chattels at any time until the landlord
(a)
satisfies the requirements for disposing of the chattels in accordance with subsection (1.3); or
(b)
is authorized by a residential tenancies officer to dispose of the chattels under subsection (1.2) or (3).
15(6.3)A tenant or a person claiming title to the chattels disposed of by a landlord who claims that the chattels were wrongfully disposed of may apply to the residential tenancies officer to compensate the tenant or the person for losses caused by the disposal within three months after the date the chattels were left on the premises.
15(6.4)A residential tenancies officer who receives an application for compensation under subsection (6.3) may conduct an investigation and, after conducting the investigation, order the landlord to pay to the tenant an amount determined by the residential tenancies officer to compensate the tenant for losses caused by the disposal, within the time specified in the order.
15(6.5)Subject to section 27, a decision of a residential tenancies officer under subsection (6.4) in respect of compensating a tenant and the amount of compensation to be paid by the landlord to the tenant is final and binding on the landlord and the tenant.
15(7)No residential tenancies officer or landlord shall be liable to a tenant for any action taken by them where such action is taken in accordance with the provisions of this section.
1983, c.82, s.10; 2017, c.1, s.1; 2023, c.27, s.7