When Can a Landlord Enter Without Notice?

There are limited circumstances where an Ontario landlord may enter a rental unit without providing 24 hours' written notice.

These can include:

• An emergency.

• The tenant consents to the landlord entering at the time of entry.

• The tenancy agreement requires the landlord to clean the rental unit at regular intervals.

• In certain circumstances, showing the unit to prospective tenants after the landlord or tenant has given notice of termination or agreed to terminate the tenancy.

Landlords should not assume that owning the property gives them unrestricted access to the rental unit. The Residential Tenancies Act sets out when entry is permitted and whether notice is required.

When Must a Landlord Give 24 Hours' Notice?

For many common reasons for entry, a landlord must provide the tenant with at least 24 hours' written notice.

These reasons can include:

• Carrying out repairs or work in the rental unit.

• Conducting a reasonable inspection to determine whether repairs are needed.

• Allowing a potential mortgagee or insurer to view the unit.

• Allowing a potential purchaser to view the unit.

• Other reasonable purposes specified in the tenancy agreement.

The written notice must state the reason for entry, the date of entry, and a time of entry between 8:00 a.m. and 8:00 p.m.

Can I Enter My Rental Property Whenever I Want?

No. Although you own the property, a tenant has a right to reasonable enjoyment and privacy in their rental unit.

A landlord should ensure that each entry is authorized under the Residential Tenancies Act and that proper notice is provided when required.

Improper or repeated unauthorized entry can result in a tenant bringing an application against the landlord at the Landlord and Tenant Board.

What If My Tenant Refuses to Let Me In?

A tenant cannot simply prevent a landlord from exercising a lawful right of entry.

If you have complied with the applicable requirements and the tenant repeatedly interferes with lawful entry, document what happens.

Useful records may include:

• The written notice of entry.

• The date and time the notice was delivered.

• Emails or text messages with the tenant.

• Dates and times when access was prevented.

• Details of contractors or other witnesses who were present.

• Notes describing what occurred.

Depending on the circumstances, repeated interference with lawful entry may require further action through the Landlord and Tenant Board.

Can I Enter If My Tenant Isn't Home?

In circumstances where the landlord has a lawful right of entry and has provided proper notice where required, the tenant does not generally have to be home for the landlord to enter.

However, the landlord must still comply with the requirements governing the entry.

What If I Think the Rental Unit Has Been Abandoned?

Be careful here.

A landlord should not assume that a rental unit has been abandoned simply because the tenant appears to have left or has stopped communicating. The Residential Tenancies Act contains specific rules concerning abandoned rental units and a landlord's rights and obligations.

If the circumstances are unclear, landlords should determine their legal options before entering, changing locks, removing belongings or attempting to regain possession.

Common Mistakes Landlords Make

When dealing with entry into a rental unit, landlords sometimes:

• Assume ownership gives them the right to enter whenever they want.

• Give less than the required notice.

• Fail to provide notice in writing when written notice is required.

• Give an overly broad time window rather than specifying a time of entry.

• Enter for a reason that isn't permitted by the Residential Tenancies Act.

• Fail to keep evidence showing when and how notice was provided.

• Assume a tenant must be home before lawful entry can occur.

Understanding the rules before entering can help prevent an avoidable LTB dispute.