My Roommate Moved Out, Owes Me Money and Left Their Stuff — What Now?
The rules for disposing of property left behind belong to landlords, not roommates. This guide works out which regime applies to your situation, why you cann...
Frequently Asked Questions
Can I keep my roommate's belongings until they pay what they owe me?
No. Where the Residential Tenancies Act applies, section 40 prohibits a landlord from seizing a tenant's property without legal process for unpaid rent or any other breach. Where the Act does not apply, there is no general self-help lien for a debt either, and holding or selling the goods to force payment risks a conversion claim. The debt and the belongings are separate matters.
My roommate and I were both on the lease. Can I throw out their things?
You should not. The statutory powers to sell, keep or dispose of property left behind belong to the landlord, and as a co-tenant you were never your roommate's landlord. In law you are closer to an involuntary bailee, which carries a duty of reasonable care rather than a right to dispose. Notify the landlord in writing, store the property safely, and document what you have.
What counts as abandonment under the Act?
A tenant has abandoned the unit if they owe rent and moved out without an agreement to end the tenancy, without giving or receiving a notice of termination, and without an eviction order. Importantly, a unit is not abandoned if the tenant's rent is up to date, so a roommate who owed you only for utilities may not have abandoned anything in the statutory sense.
If the abandonment rules do apply to me, how long must I wait?
Thirty days from the date you either obtained an LTB order confirming abandonment or served notice of your intention on the tenant with a copy to the LTB. Unsafe or unhygienic items can be disposed of immediately. After 30 days you may sell, keep or dispose of the rest, but for six months the tenant can still claim the proceeds of anything sold, less rent owed and your out-of-pocket storage costs.
What happens if I dispose of their property improperly?
Where the RTA applies it is an offence. The Ministry's Investigation and Enforcement Unit can prosecute, with fines up to $100,000 for an individual and $500,000 for a corporation, and the tenant can file a T2 seeking return of the property, replacement costs, out-of-pocket expenses and an administrative fine of up to $50,000 or the Small Claims limit. A landlord who follows the rules and takes reasonable care while storing the property is protected from all of that.
Where do I sue for the money my roommate owes me?
Small Claims Court. Between co-tenants there is no landlord-tenant relationship for the LTB to decide, so unpaid shares of rent or utilities are an ordinary contract debt. Texts agreeing to split costs, bank records showing you covered their share, and a written demand all help. The limitation period is two years from discovery of the claim.
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