Has your landlord illegally entered the rental unit?

Posted By On 06-22-2020

Has your landlord illegally entered the rental unit?

Despite the landlord being the owner of the rental unit, a landlord is not permitted to enter the unit without written notice and without a valid reason. 

The Residential Tenancies Act, 2006 (RTA) outlines what constitutes proper notice and what are some of the reasons that a landlord can have to enter the rental unit.

As per the s. 27 of the RTA, the landlord may enter the rental unit for the following reasons;

  1. To carry out a repair, replacement or do work in the rental property;
  2. Allow a potential mortgagee or insurer of the residential complex to view the rental unit;
  3. To allow someone who holds authorization within the meaning of the Professional Engineers Act or the Architects Act, or any other qualified person to make a physical inspection of the rental unit to ensure safety compliance;
  4. To carry out an inspection to determine if the rental property is in a good state of repair, and in compliance with health, safety, housing and maintenance standards;
  5. If it is reasonable to carry out the inspection
  6. For any other reasons as specified in the tenancy agreement.

The RTA further addresses the landlord, or with written authorization from the landlord, a registered broker or salesperson may enter the rental unit in accordance with the notice given to the tenants for potential purchasers to view the rental unit.

If the landlord has any of the above-mentioned reasons to enter the rental unit, then the landlord must give the tenant a notice of entry in compliance with the RTA.  As per the RTA, the written notice must specify the reason for entry, the date of entry and the time of entry between 8am and 8pm.

However, there are reasons when the landlord may enter the rental unit without any written notice.  As per the RTA they are; in the case of an emergency, or if the tenant consents to the entry at the time of entry.

The reasons and the notice of entry must be specific and must comply with the RTA.  If it does not, then the landlord can face severe consequences.  If you have further questions about the landlords entry into a rental unit or your landlord has illegally entered the rental unit.  Contact Balatidis Legal Services  -  Mississauga Landlord and Tenant Board Paralegals at 905-277-7701.

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