Can a Landlord Enter Your Unit Without Notice or Permission?
When renting a unit, there is an expectation of privacy and respect that you as a tenant are entitled to. As such, you may be wondering when a landlord can enter your unit with and without permission. It is important to make yourself aware of situations when your privacy may be momentarily infringed upon to ensure that you are not being taken advantage of. Knowing when a landlord can legally enter your apartment is key to your ability to assess a situation and know your rights. There are certain instances when your landlord can legally enter your unit if they provide you with notice, and there are times when notice is not required.
This blog will outline both circumstances to ensure understanding of your rights as a tenant. Sections 26 and 27 of the Residential Tenancies Act (“RTA”) outline the instances where a landlord can enter your unit with and without notice. The Act also details the reasons a landlord can provide to be allowed entry.
Entering a Unit With Notice
When you are living in a rented unit, there will inevitably be times when your landlord will need to enter your unit. However, you do still have rights pertaining to when and why a landlord can enter your unit. Section 27 of the RTA states that a Landlord is entitled to enter a rental unit if they have provided the tenant with at least 24 hours written notice before the time of entry. The allowable reasons a landlord can enter a rental unit include:
to complete a repair, replacement, or to do work in the unit;
to allow a potential insurer or mortgagee of the residential complex to view the rental unit
to allow a person who holds a certificate of authorization (i.e. the Professional Engineers Act, the Architects Act) to conduct a physical inspection of a rental unit to satisfy the requirements outlined in section 9(4) of the Condominium Act, 1998;
to carry out an inspection of the rental unit, if,
a) the inspection is for the purpose of determining whether the unit is in a good state of repair and fit for habitation, complying with health, safety, housing, and maintenance standards – consistent with the landlord’s obligations under subsection 20(1) or s. 161 of the RTA;
b) it is reasonable to conduct the inspection; andfor any other reasonable reason for entry outlined in the tenancy agreement
Aside from the landlord, a superintendent or another person hired by the landlord may enter the rental unit on behalf of the landlord. If someone other than the landlord or superintendent has been hired to enter the unit, the landlord should attend with the hired person to permit entry. It is also suggested that when carrying out replacements or repairs, the landlord should do their best to limit the frequency of entries into the tenant’s unit.
What Must be Included on the Written Notice?
A landlord is required to provide a tenant with at least 24 hours written notice if they plan to enter a tenant’s unit. Reason for entry must be one of the reasons set out in section 27 of the RTA listed above. The written notice should provide specific details where possible to accurately explain the reason for proposed entry. Although a specific time of entry is not required, the Landlord and Tenant Board has advised that a reasonable window of time must be provided to the tenant. On the written notice, the landlord must include:
the date the landlord plans to enter;
the reason(s) for entry; and
the time of entry between 8:00am and 8:00pm
Per section 191 of the RTA or Rule 3 of the Board’s Rules of Practice, the ways a landlord can satisfy the requirement to sufficiently provide written notice to the tenant include:
handing it to the person;
if the person is a landlord, by handing it to an employee of the landlord
if the person is a tenant, subtenant, or occupant, by handing it to an adult person in the rental unit;
by leaving it in the mailbox where mail is ordinarily delivered to the person;
if there is no mailbox, leaving it at a place where mail is ordinarily delivered to the person;
by sending it by mail to the last known address where the person resides or carries on business; or
by any other means allowed under the Board’s Rules of Practice
Save for a few exceptions, if a landlord enters a tenant’s unit without adhering to the requirements under the RTA, it is considered an offence or a breach of the landlord’s obligations. If this occurs, a tenant can report the incident(s) to the Landlord and Tenant Board and seek a form of relief. Conversely, it is also considered an offence for a tenant to stop a landlord from entering their unit if proper notice has been given and all outlined rules have been followed by the landlord. A tenant is also not allowed to change the locks to their unit without the consent of their landlord.
Entering a Unit Without Notice
There are times when a landlord is legally allowed to enter a tenant’s unit without notice. Section 26 of the RTA outlines instances where a landlord may enter a tenant’s unit without providing the required notice. These scenarios include:
in cases of emergency;
when a tenant consents to the landlord entering the unit at the time;
where a tenancy agreement requires the landlord to clean the unit at regular intervals; or
if the landlord and tenant have agreed to terminate the tenancy or one of the parties has given notice of termination to the other, the landlord can enter the unit to show it to prospective tenants between 8:00am and 8:00pm – before entering, the landlord must inform or make a reasonable effort to inform the tenant of the landlord’s intention to enter
It is important to note that a landlord cannot enter a rental unit without notice to perform repairs even if a tenant has requested the repairs. The landlord must obtain the tenant’s consent to enter the unit at the time the landlord has gone to the unit to make repairs.
Aside from a landlord’s legal and illegal entry into your unit, you may be faced with other situations that will require your immediate attention and/or action. The RTA acknowledges that tenants may encounter unfit or harmful landlords and as such, there are particular circumstances that are considered harassment under the RTA:
when a landlord (or someone acting on behalf of a landlord) behaves in a way that interferes with the tenant’s ability to reasonably enjoy living in their rental unit;
when landlord threatens, interferes, or harasses a tenant to move out of a rental unit; or
when a landlord tries to stop a tenant from forming or taking part in a tenant’s association
Every tenant should feel comfortable in the unit they are living in. Especially with prices surging around the province, it can be incredibly distressing to pay a large amount of money for a unit you cannot even enjoy. It is crucial that you make yourself aware of your rights and responsibilities as a tenant so that you can make informed decisions.
Being aware of your legal responsibilities as a tenant can also save you time and money should you encounter an issue with your landlord. If you have an issue with your landlord and cannot resolve it amicably, you have the right to seek relief through the Landlord and Tenant Board.
Resources referenced in this blog:
https://www.ontario.ca/page/rental-housing-offences
https://tribunalsontario.ca/documents/ltb/
Residential Tenancies Act, 2006, SO 2006, c 17, <https://canlii.ca/t/55cw3>
