Section 92 — Landlord may dispose of property

92 (1) The landlord may sell, retain for the landlord’s own use or otherwise dispose of property of a tenant who has died that is in a rental unit and in the residential complex in which the rental unit is located,

(a) if the property is unsafe or unhygienic, immediately; and

(b) otherwise, after the tenancy is terminated under section 91.

(2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with subsection (1).

(3) If, within six months after the tenant’s death, the executor or administrator of the estate of the tenant or, if there is no executor or administrator, a member of the tenant’s family claims any property of the tenant that the landlord has sold, the landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of,

(a) the landlord’s reasonable out-of-pocket expenses for moving, storing, securing or selling the property; and

(b) any arrears of rent.

(4) If, within the six-month period after the tenant’s death, the executor or administrator of the estate of the tenant or, if there is no executor or administrator, a member of the tenant’s family claims any property of the tenant that the landlord has retained for the landlord’s own use, the landlord shall return the property to the tenant’s estate.

(5) A landlord and the executor or administrator of a deceased tenant’s estate may agree to terms other than those set out in this section with regard to the termination of the tenancy and disposal of the tenant’s property.

Superintendent’s Premises