A Canadian Demand Letter for Notice to Remove Personal Property is a formal written communication sent by a property owner, landlord, or authorized agent to a former tenant, occupant, or other individual who has left personal belongings on the property after the conclusion of a tenancy, licence, or other arrangement. This document serves as an official demand requiring the recipient to collect their personal property within a specified timeframe, and it warns of the consequences of failing to do so, including potential disposal, donation, or sale of the unclaimed items in accordance with applicable provincial legislation.

In Canada, the rights and obligations of landlords and tenants regarding abandoned personal property are governed by provincial legislation. In Ontario, the Residential Tenancies Act, 2006 (S.O. 2006, c. 17) sets out the rules for dealing with a tenant's property left behind after an eviction or abandonment. Section 41 of the Act specifies that a landlord must store property for at least 72 hours after an eviction by order of the Landlord and Tenant Board, or for 30 days if the tenant appears to have abandoned the rental unit. British Columbia's Residential Tenancy Act (SBC 2002, c. 78) addresses abandoned property in section 24 and the associated regulations. Alberta's Residential Tenancies Act (SA 2004, c. R-17.1) similarly outlines the landlord's obligations regarding property left by a former tenant.

This notice is distinct from a standard demand letter because it deals specifically with the physical recovery or disposal of tangible personal property rather than monetary claims. However, it may include provisions for storage fees, reflecting the costs incurred by the property owner for maintaining and safeguarding the belongings. Quebec's Civil Code (CCQ art. 1978) provides specific rules for the disposition of property left by a tenant, requiring the landlord to give reasonable notice before disposal. The notice creates a documented trail of communication that is essential if the matter later proceeds to the Landlord and Tenant Board, the Residential Tenancy Branch, or a provincial small claims court. Under Canadian common law, a property owner who disposes of another person's belongings without proper notice may face liability for conversion, making this demand letter a critical protective measure.

A Canadian Notice to Remove Personal Property is needed in several common scenarios that arise in landlord-tenant relationships and property management. The most frequent situation occurs when a tenant vacates a rental unit, either voluntarily or through eviction, and leaves behind furniture, electronics, clothing, or other personal items. The landlord must issue a formal notice before taking any action regarding those belongings to comply with provincial residential tenancy legislation and protect themselves from potential liability.

Another common scenario involves the expiry of a fixed-term lease where the tenant moves out but fails to remove all belongings by the end of the tenancy. The property owner needs to turn over the unit to a new tenant or prepare it for sale, and the remaining items create delays and additional costs. In these cases, the notice serves as both a practical communication tool and a legal safeguard. The notice should clearly describe the items left behind, specify the premises location, and provide a reasonable deadline for collection.

Notices are also required after the breakdown of roommate or cohabitation arrangements where one party leaves personal property at the shared residence. In situations involving property sales, the notice may be sent to previous owners or occupants who failed to remove belongings before the closing date. Commercial property owners may also need this notice when a business tenant leaves equipment, inventory, or supplies in a commercial unit after lease termination.

The notice is critical for documenting compliance with provincial requirements. Without proper written notice, a landlord in Ontario could face a complaint before the Landlord and Tenant Board (LTB) and be ordered to compensate the former tenant. In British Columbia, the Residential Tenancy Branch (RTB) requires evidence that reasonable notice was provided. In all provinces, the notice creates a clear record that the property owner acted in good faith and gave the former occupant a fair opportunity to retrieve their belongings before taking any further action.

An effective Canadian Notice to Remove Personal Property must contain several essential components to be legally sound and enforceable. The notice must clearly identify the property owner or landlord by full legal name and current mailing address, including the province and postal code. If the sender is a property management company or agent acting on behalf of the owner, their authority to act should be stated. The recipient must be identified by their full legal name and current address, as well as any alternate address where the notice may reach them.

The premises location where the personal belongings are situated must be described with specificity, including the complete street address, unit number, municipality, province, and postal code. The notice should provide a detailed description of the belongings left on the property, either as a general category description or an itemized list. Photographic evidence of the items is advisable but not required in the notice itself. The basis for the removal request must be clearly stated, whether it is the expiry of a lease, an eviction order, voluntary abandonment, or another lawful reason.

The deadline for removal must be reasonable and comply with the applicable provincial legislation. Ontario's Residential Tenancies Act, 2006 requires 72 hours after an eviction order or 30 days for abandonment. British Columbia requires reasonable notice under the Residential Tenancy Act. Alberta's legislation similarly mandates a reasonable period. Quebec's Civil Code (CCQ art. 1978) requires reasonable notice before disposal. If applicable, the notice should include a daily storage fee provision, which must be reasonable and documented. The disposal warning should reference the applicable provincial legislation that permits the property owner to dispose of, sell, or donate unclaimed items after the deadline.

The notice should be delivered by a method providing proof of receipt. Canada Post registered mail with signature confirmation is the most commonly used method, but personal service with a witness or courier delivery with tracking are also acceptable. The notice must include the governing province for legal purposes, contact information for coordination of retrieval, and the property owner's signature. Keeping a copy of the signed notice and all delivery receipts is essential for establishing compliance with provincial requirements if the matter later proceeds to a tribunal or court.