The tenant is gone. Their belongings stayed.

End of the lease: the unit must be left empty

When a lease ends or a tenant moves out, article 1978 of the Civil Code of Québec is clear: the tenant must leave the unit empty of their belongings. The only furniture that stays is furniture owned by the landlord.

If belongings are left at the end of the lease or after the tenant abandons the unit, you must deal with them under the Code's rules on property entrusted and forgotten. According to Éducaloi, those items are generally treated as lost or forgotten and still belong to the former tenant. Putting everything out on the curb is not an option.

Before you dispose of anything: a notice and 90 days

Under articles 944 and 945, property left unclaimed for 90 days is treated as forgotten, and you can only dispose of it after giving the former tenant a notice of the same length, meaning 90 days. Éducaloi sums it up as contacting the former tenant and giving them 90 days to come and get their things.

In the meantime, Éducaloi says you must keep and store the belongings, without throwing them out or selling them. If the former tenant comes to collect, they pay you back for those costs. Keep the receipts for every storage expense.

Two points call for legal advice: exactly when the waiting period starts, and how to notify a tenant whose new address you don't have. Keep proof of your notice, and check both points with a lawyer or the Tribunal administratif du logement (TAL).

After the waiting period: sell, donate or discard

Once the notice has been given and the waiting period is over, the Code sets out an order: sell the belongings at auction or privately, give what doesn't sell to a charity, then, if nobody wants it, get rid of it as you see fit.

As long as their ownership isn't prescribed, the former tenant can claim their things back by offering to pay the costs of looking after them, and you can hold on to the items until they pay. If the items were already sold, they're only entitled to what's left of the sale price once costs are deducted (article 946).

This is the stage, and not before, where Gestion Débarras comes in. Our insured, vetted crew carries everything out from any room, sorts to donate, recycle and salvage, then sweeps before leaving. Less than 30% of what we pick up ends up in landfill.

Going into the unit: 24 hours' notice

Before you go in to see what's left, follow the rules for visits. Except in an emergency, article 1931 requires 24 hours' notice to the tenant to check the condition of the unit, and article 1932 lets the tenant refuse a visit set for before 9 a.m. or after 9 p.m.

Use the visit to document the situation. According to Éducaloi, a former tenant who never got the chance to recover their things can sue for compensation by proving what they were worth. Photos of every room and a list of what was left behind show what was actually there.

When a tenant deserts the unit

Under article 1975, the lease is terminated by operation of law when a tenant deserts the unit without reason and takes their furniture along. It can also be terminated when the unit is unfit for habitation and the tenant abandons it without notifying the landlord.

The TAL adds that a landlord whose tenant has deserted must limit the loss by trying to rent the unit again. The landlord can then claim compensation from that tenant for the lost rent, and has three years to file that claim with the TAL.

Careful: article 1975 covers a tenant who leaves with their furniture. If a tenant stops paying but their things are still inside, don't treat the unit as abandoned, and don't clear it out. The safe route is an application to the TAL.

Eviction or death: the TAL and a bailiff come first

When a TAL decision orders an eviction, a bailiff carries it out. The notice of execution, served at least 5 days ahead, tells the tenant to remove their furniture within the stated time or pay the cost of removal. Otherwise, the furniture is considered abandoned, and the bailiff can sell it, give it to a charity or dispose of it some other way.

If the tenant dies, the landlord can't end the lease on their own or empty the unit. If no liquidator comes forward and the rent is more than three weeks late, the landlord can ask the TAL to terminate the lease against the estate, with the application served at the unit by a bailiff. Once termination is granted, a bailiff enforces the decision and clears all the belongings out of the unit.

The steps, in short

The law requires a notice, a 90-day waiting period and keeping the belongings in the meantime. The rest of the list helps you prove you followed those steps. Valuable items, a lease whose status is unclear, or a deceased tenant with no liquidator? Check with the TAL, a lawyer or a bailiff before anything is removed. For an estate, a notary can also guide you.

Once the waiting period is over and you're entitled to dispose of the belongings, call Gestion Débarras at 438 801-5218, Monday to Saturday, 7 a.m. to 7 p.m. The estimate is free and you'll have it within 24 hours.

• Except in an emergency, give 24 hours' notice before checking the unit.
• Photograph every room and list the belongings left behind.
• Give the notice the law requires, in writing, and keep proof of it.
• Look after and store the belongings during the 90-day waiting period.
• Keep a file: a copy of the notice, photos, receipts and all messages.
• Unsure about the timing or the address? Ask a lawyer or the TAL.
• Period over: sell, donate, then dispose of the rest.