Notice of entry
Does a landlord have to provide a notice of entry should he desire to inspect the unit or for any other purpose?
The Residential Tenancies Act, 2006 specifically provides in s.27 that a landlord can give a tenant at least 24 hours advance notice of entry with a timeframe between 8.00 a.m. and 8.00 p.m. It is a good practice though to provide a reasonable time frame within 8.00 a.m. and 8.00 p.m. time window as was established through the case law.
The reasons for entry could be very different:
Entry with notice
27 (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:
1. To carry out a repair or replacement or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.
4. To carry out an inspection of the rental unit, if,
i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and
ii. it is reasonable to carry out the inspection.
5. For any other reasonable reason for entry specified in the tenancy agreement. 2006, c. 17, s. 27 (1).
(2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit. 2006, c. 17, s. 27 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 27 (2) of the Act is amended by striking out “Real Estate and Business Brokers Act, 2002” and substituting “Trust in Real Estate Services Act, 2002”. (See: 2020, c. 1, s. 36)
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).
Section 2 of the Residential Tenancies Act, 2006 explains what the rental unit or residential complex means. In fact, it includes all common areas and in a case of a single-family house it would include a back and side yard areas as well. It is common sense to assume that side yard and back yard should be in sole possession of a tenant if there is a single tenancy agreement for the property in question. If a landlord wants to go on the tenant’s backyard to have access to some storage which is used by a landlord exclusively, he must give at least 24 hours notice of entry.
The notice should specify the date, time, and the reasons for entry.
According to s. 27 of the Residential Tenancies Act, 2006 and Wrona v. Toronto Community, 2007 a landlord must provide at least 24 hours notice of entry with a specific time frame and it should be between hours of 8.00 a.m. and 8.00 p.m..
Failing to provide a notice is a violation of the Residential Tenancies Act, 2006
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