Landlords in Ontario must give tenants notice of entry for almost every entry however, may not have to serve a Notice of Entry under specified
circumstances. In this blog post, we will discuss what landlords need to know about the Residential Tenancies Act 2006 and providing notice.
in General, Landlords in Ontario must give their tenants 24 hours' notice before entering the rental unit, except in the case of an emergency or Notice of Termination in accordance with Section 26(3) of the RTA.
We will go over the different types of notices of entry and when they are allowed. If you are a landlord, it is important to understand your rights and obligations under the law!
When it comes to maintaining a rental unit, the most important thing is communication. As a landlord, it is crucial that you keep in touch with your tenants and let them know when you will be entering the property. This can be done through written notice provided at least 24 hours in advance, as outlined in the Residential Tenancies Act 2006.
There are a number of reasons why you may need to enter a rental unit, including repairs or maintenance work. Whatever your reason may be, it is important that you follow the proper procedures and give due notice so that any necessary work can be conducted without causing undue disruption for your tenants.
So, whether you are performing routine maintenance, conducting an inspection, or responding to an urgent repair request from your tenants, it is essential that you follow proper entry procedures and provide clear notice in accordance with the rules. By doing so, you can help ensure smooth and stress-free interactions with your tenants every step of the way.
Your Notice for Maintenance is governed by 27(3):
Contents of notice
(3) The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. 2006, c. 17, s. 27 (3)
Emergencies & Notice without Entry:
There are some circumstances where a landlord may need to enter a rental unit without giving prior notice. These situations are typically classified as "emergencies" and can include things like fires, floods, or gas leaks.
In an emergency situation, the landlord is allowed to enter the rental unit without giving notice so long as they take reasonable steps to notify the tenant for example, a Text Message.
Sale of the Property:
A landlord is entitled to sell the property, and Section 27(2) of the Residential Tenancies Act 2006 specifically allows Realtors to enter the property to show potential buyers the residential unit providing that 24-hour notice has been served, and the entry is between 8am and 8pm. It is also important to note that the time of entry should be narrowed to a small window as the Board as stated in Caselaw that blanket notices of entries are invalid. The window of entry should be minimal as not to interfere with the Tenants reasonable enjoyment of the rental unit.
Notice of Termination:
When a Notice of Termination is served, or the Landlord and Tenant agree to end the Tenancy, the Landlord is entitled to show the unit to perspective renters. If the Landlord has given notice of termination or the tenant has provided a notice of termination, the 24-hour rule is not required, and is replaced by the language of "Before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so" the same 8am to 8pm rules apply. However, as you read, the landlord does not require the 24-hour notice under 26(3)(a)(b)(c):
Entry to show rental unit to prospective tenants
(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,
(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;
(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and
(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3).
What if the Landlord and Tenant consent to entry?
In some cases, the Landlord and Tenant are on particularly good terms, and the Tenant will invite the Landlord in without 24-hour notice. The Act under Section 26(1)(b) allows entry if the tenant consents and 24-hour notice is not required. You do not need the consent of all tenants in the Residential Unit, you simply only need the consent of one tenant to enter legally under section 26(1)(b) of the Residential Tenancies Act 2006.
In some cases, a lease may require the Landlord to maintain the ordinary cleanliness of the Residential Unit and Complex. This is a common arrangement in Student Housing, and if the lease requires the Landlord or their agent to clean the premise, the Landlord may enter at the specified times in the Lease Agreement or between the hours of 8am and 8pm without providing the 24-hour notice. Read Section 26(2) of the Residential Tenancies Act 2006:
(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,
(a) the landlord enters the unit at the times specified in the tenancy agreement; or
(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m. 2006, c. 17, s. 26 (2).
Now, what happens if the Tenant denies you access on 24-hour notice?
It is an offence under the Residential Tenancies Act 2006 for a Tenant to deny a landlord or their agent access to the Residential Unit for a lawful entry with 24-hour notice. A Landlord who is denied entry may serve an N5 Notice.
Consequences to a Landlord who enters illegally: A Tenant may take a Landlord to the Residential Tenancies Board if they enter without proper notice or consent as per section 27 of the Residential Tenancies Act 2006. A hearing will be conducted, and if the Board finds that the landlord did not have proper notice or consent. The Board may order the landlord to pay an administrative penalty. The Board may also order
the Landlord to compensate the Tenant for any damages that occurred as a result of the illegal entry.
In some cases, the Residential Tenancies Act 2006 will deem an illegal entry as an act of harassment. If the Residential Tenancies Board finds that the illegal entry was done to harass the tenant, they may order the Landlord to pay an administrative penalty. The Board can also order that the landlord refrain from illegally entering the unit.
Conclusion: It is important for Landlords to know when they can enter a Residential Unit, and it is just as important for Tenants to know their rights under the Residential Tenancies Act 2006. If you have any questions about your rights or responsibilities under the Residential Tenancies Act 2006, contact me at 289-302-3210.
This blog post was meant to provide general information only and is not intended as legal advice. You should always consult a legal representative before taking any action relating to your individual situation.
If you are having a difficult time with your Tenant, or need to understand the RTA further, give me a call at 289-302-3210. Take advantage of my $149.00 RTA Consulting and Video Package for better managing your rental unit!
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