The Residential Tenancies Act regulates all questions relating to entry into a tenant’s unit. This Act contains fairly detailed rules which both the landlord and the tenant must follow. Unfortunately, not knowing these rules often leads to conflicts and lengthy procedures in the Landlord and Tenant Board.

ENTRY WITHOUT NOTICE

In general, the rules revolve around the tenant’s right to privacy. As a result, the landlord does not usually have the right to enter the tenant’s unit without giving a 24-hour written notice. At the same time, there are exceptions. The landlord may enter the tenant’s unit without a notice in the following circumstances:

Consent at the time of entry

The tenant consents to the landlord’s entry when the landlord comes and knocks at the door.

Emergency

There is an accident in the rental unit, and the tenant is not home. For example, a pipe broke in the rental unit and is flooding the tenants below. The landlord may enter the unit with no notice and in the tenant’s absence to correct the problem.

The rental agreement includes cleaning

There is an agreement between the landlord and the tenant that cleaning is included in rent. In this case, the landlord or his/her employee may enter the tenant’s premises to clean at a mutually agreed time.

Showing the unit to prospective tenants

The rental agreement ends with consent or proper notice of termination, and the landlord must show the unit to potential new tenants. In this case, the landlord must make every effort to let the current tenant know about each showing. However, he or she does not require to give the tenant an entry notice or get consent. These showings can only take place between 8:00 am and 8:00 pm.

ENTRY WITH NOTICE ONLY

Form of the notice

Further, the law prescribes situations when the landlord may only enter the rental unit after giving the tenant a proper notice. This notice must be given 24 hours before the landlord’s attendance. It must be in writing and contain the following information:

• The reason for entry
• The time the landlord will enter the unit, which must be between 8:00 am and 8:00 pm.

When entry with the notice is allowed.

There are several situations in which the landlord can enter the rental unit after giving the tenant a notice:

1. For repairs to the rental unit or equipment, which can be completed fairly quickly and quietly. Other rules apply to lengthy, serious repairs.
2. To show the rental unit to a potential property insurer or lender, who insures the property or issues a mortgage, and must, therefore, evaluate the premises.
3. For inspection of a condominium rental unit by a specialist. Condominiums must periodically conduct such inspections.
4. To show the rental unit to potential purchasers of the property. A real estate agent can do these showings. The tenant must receive 24 hours notice before every showing.
5. The landlord or his/her employee may enter the rental unit to inspect its condition and evaluate potentially necessary repairs.
6. For other reasonable purposes. Of course, this right must be used reasonably and not interfere with the tenant’s rights.

To avoid future complications or conflict, it is important for the landlord to enter the rental unit in accordance with the rules. It is equally important for the tenant to co-operate with the landlord in reasonable requests for entry. For example, the tenant should not in any way obstructs showings of the rental unit to potential tenants or purchasers.

Please note that the above article is not legal advice. Do not consider it as such. For legal advice in your particular matter, please contact a legal professional.