The Residential Tenancies Act establishes the rights and obligations of both landlords and tenants. Under the law, a tenant is responsible for keeping the unit clean and repairing any damage s/he causes to the unit or the premises. For reading more related article, click here.
A tenant has the right to
– Quiet enjoyment of the premises
– make a complaint to the Rental Housing Enforcement Unit of the Ministry of Municipal Affairs and Housing if the landlord has committed an offense. If a claim is filed, the Enforcement Unit can investigate the problem and resolve it. Here are some common reasons why the landlord may need to enter the premises:
– To allow an engineer, or architect to make an inspection
– To make repairs in the unit
– To allow a purchaser to view the unit
– To make an inspection to determine whether repairs are needed in the unit
– To do work in the unit
– To allow a mortgagee to view the unit
– To do any reasonable work allowed by the rental agreement
If a landlord wants to enter the unit, s/he has to give 24 hours written notice to the tenant. Also, a landlord must do it between the hours of 8 a.m. and 8 p.m. Only if the tenancy is being terminated, and the landlord wants to show the premises to prospective tenants, s/he can enter a rental unit without written notice, between 8 a.m. and 8 p.m. Also, in a case that the lease requires the landlord to clean the premises, s/he can come in with no need for a notice.
Here are some items that should be mentioned in the notice:
– The reason for entering the rental unit
– What time, between 8 a.m. and 8 p.m., a landlord wants to enter the unit
Keep in mind that if the landlord has given the tenant the correct notice, s/he can enter the unit if the tenant is not at home. However, there are some cases where a landlord can enter the rental unit without giving written notice, such as an emergency, when the tenant allows the landlord to enter, or when the tenant has agreed that the landlord can enter to check on the condition at regular intervals.
What can a tenant do when the landlord is entering illegally?
-The tenant may first attempt to resolve the problem with the landlord in person or writing. If it is not possible and the problem continues, s/he can make a claim in a Rental Housing Enforcement Unit of the Ontario Ministry of Municipal Affairs and Housing. Also, s/he may apply to the Landlord and Tenant Board. The tenant can receive a reduction of rent if the Board finds that the landlord has entered the unit illegally. Also, the landlord could be ordered to pay a fine.
– If the landlord enters the unit but not for a valid work, a tenant can call the police for protection. The tenant may fear for his/her safety!