Some people are under the impression that a landlord needs a tenant’s permission to enter the rental unit, or that the tenant has the right to refuse entry to the landlord.

Both ideas are incorrect. While a landlord is not allowed to interfere with a tenant’s reasonable enjoyment of the rental unit (pursuant to s. 22 of the Residential Tenancies Act), and while a landlord is certainly not allowed to harass a tenant (pursuant to s. 23 of the Residential Tenancies Act); a landlord is allowed to enter a rental unit without notice in cases of emergency; or if the tenant allows the landlord to enter the rental unit at the time of entry (pursuant to s. 26 of the Residential Tenancies Act).

Therefore, if the landlord does not provide proper notice to the tenant and just shows up at the tenant’s door, at that time, the tenant may refuse entry to the landlord, as long as it is not an emergency. However, as long as the landlord provides at least 24 hours’ notice in writing of his (or her) intention to enter the rental unit and the written notice specifies the date and time of entry (which must be between 8 a.m. and 8 p.m.) and the reason for entering the rental unit, pursuant to s. 27 of the Residential Tenancies Act, a landlord may enter the rental unit for the following reasons:

1. To carry out a repair or replacement or to 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).

In addition, as long as the tenant is given at least 24 hours notice in writing, the landlord, or with the landlord’s written authorization, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit to allow a potential purchaser to view the rental unit. Obviously, a landlord cannot take advantage to enter too often, but as long as the landlord does not bother the tenant too often and as long as he or she is coming to the rental unit for one of the reasons listed above, the landlord is not required to obtain


Please note these materials have been prepared for general information purposes only and do not constitute legal advice. Readers are advised to seek legal advice by contacting Frank Feldman* regarding any specific legal issues.

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