Area of Law: Landlord and Tenant
Answer # 431
When can the landlord enter?Region: Ontario Answer # 431
Landlord must give 24 hours’ notice
Under the law, a tenant has the right to privacy and the right to quiet enjoyment of the premises. If a landlord needs to enter the premises they must do so between the hours of 8 a.m. and 8 p.m. and are generally required to give 24 hours written notice. The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., they will enter the unit. The landlord can enter even if the tenant is not at home, as long as they have given the tenant the correct notice.
Common reasons why the landlord may wish to enter the unit include:
- to make repairs or do work in the unit
- to carry out an inspection in order to determine whether repairs are needed
- to allow a potential mortgagee or insurer of the complex to view the unit
- to allow a potential purchaser to view the rental unit
- to allow an engineer, architect or other similar professional to make an inspection
- or for any reasonable purpose allowed by the rental agreement
Entry without 24 hours written notice between 8 a.m. and 8 p.m.
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. only, if:
- the lease requires the landlord to clean the premises they, or their employees, can enter for that purpose
- the tenancy is being terminated, the landlord can enter to show the premises to prospective tenants
Entry without notice and at any time
At any time, a landlord can enter a tenant’s rental unit without giving written notice if:
- there is an emergency, such as a fire or flood
- the tenant allows the landlord to enter
- a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals
If the landlord is entering illegally
If a landlord or their employee is illegally entering the tenant’s unit, the tenant may first attempt to resolve the problem with the landlord in person or in writing. If the landlord or their employee is not entering to do valid work, or if the tenant fears for their safety, they can call the police for protection. If the problem continues, a tenant may also complain to the Rental Housing Enforcement Unit of the Ontario Ministry of Municipal Affairs and Housing, and may also apply to the Landlord and Tenant Board for an order to stop the illegal entry.
Rental Housing Enforcement Unit of the Ministry of Municipal Affairs and Housing
A Rental Housing Enforcement Unit Compliance Officer collects and documents information from landlords, tenants, and in some cases other parties, to determine whether there may have been a breach of the Residential Tenancies Act. If it has been determined that a breach took place, they may then provide informed options to landlords or tenants to achieve compliance with the law. When compliance does not happen, files are referred to an Enforcement Unit Investigator who collects evidence that may lead to the case being prosecuted in the Ontario Court of Justice. Visit ontario.ca for more information on how you can make a complaint and get help if a landlord or tenant breaks a rule under the Residential Tenancies Act.
Landlord and Tenant Board
If an application to stop the illegal entry is made to the Landlord and Tenant Board, and the Board finds that the landlord has entered the unit illegally, the tenant could receive an abatement of rent or the landlord could be ordered to pay a fine.
For additional information regarding tenant privacy, visit the Landlord and Tenant Board.
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