Notice of Entry (Open-House): Difference between revisions

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[[Category:Interference of Reasonable Enjoyment (LTB)]]
[[Category:Interference of Reasonable Enjoyment (LTB)]]
[[Category:Section 26 (RTA)]]
[[Category:Notices of Entry (LTB)]]


{{Citation:  
{{Citation:  
| categories = [Notice of Entry (Open-House)],[Category:Interference of Reasonable Enjoyment (LTB)]
| categories = [Notice of Entry (Open-House)],[Category:Interference of Reasonable Enjoyment (LTB)]
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==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>==
==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>==


Entry with notice
27 (2) A landlord or, <b><u>with the written authorization of a landlord</u></b>, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in <b><u>accordance with written notice</u></b> given to the tenant at least 24 hours before the time of entry to <b>allow</b> <b><u>a</u> potential purchaser</b> to view the rental unit.  2006, c. 17, s. 27 (2).
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.
<ref name="RTA">Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17>, reterived 2021-03-09</ref>


2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
==Interpretation Act, R.S.O. 1990, c. I.11<ref name="IAO"/>==


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.
29. (1) In every Act, unless the context otherwise requires,
::...
::“writing”, “written”, or any term of like import, includes words printed, painted, engraved, lithographed, photographed, or represented or reproduced by any other mode in a visible form; (“écrit”)


4. To carry out an inspection of the rental unit, if,
<ref name="IAO">Interpretation Act, R.S.O. 1990, c. I.11, <https://www.ontario.ca/laws/statute/90i11>, retrieved 2023-02-04</ref>


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
==TNT-31367-12 (Re), 2012 CanLII 57809 (ON LTB)<ref name="TNT-31367-12"/>==


ii. it is reasonable to carry out the inspection.
6. The Landlord attempted to sell the house in the summer of 2011. This resulted in significant disruption to the Tenant for the months of June and July 2011, as real estate agents and their clients entered the rental unit several times a week, often with less than 24 hours notice. In addition, there were open houses held each weekend for several hours on each of Saturday and Sunday, which required the Tenant to vacate the rental unit to accommodate the open houses.


5. For any other reasonable reason for entry specified in the tenancy agreement. 2006, c. 17, s. 27 (1).
...


Same
16.  I find that the Tenant is entitled to a rent abatement of $390.00 which is 20% of the rent for each of the months of June and July 2011, for the disruption caused by the activities of the Landlord’s efforts to sell the property
<b>(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).</b>


 
<ref name="TNT-31367-12">TNT-31367-12(Re), 2012 CanLII 57809 (ON LTB),  
<ref name="RTA">Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17>, reterived 2021-03-09</ref>
<https://canlii.ca/t/ft1tx>, retrieved on 2022-08-18</ref>


==References==
==References==

Latest revision as of 17:33, 17 September 2023


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-11-01
CLNP Page ID: 1972
Page Categories: [Notice of Entry (Open-House)],[Category:Interference of Reasonable Enjoyment (LTB)]
Citation: Notice of Entry (Open-House), CLNP 1972, <https://rvt.link/4z>, retrieved on 2024-11-01
Editor: Sharvey
Last Updated: 2023/09/17

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Residential Tenancies Act, 2006, S.O. 2006, c. 17[1]

27 (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).

[1]

Interpretation Act, R.S.O. 1990, c. I.11[2]

29. (1) In every Act, unless the context otherwise requires,

...
“writing”, “written”, or any term of like import, includes words printed, painted, engraved, lithographed, photographed, or represented or reproduced by any other mode in a visible form; (“écrit”)

[2]

TNT-31367-12 (Re), 2012 CanLII 57809 (ON LTB)[3]

6. The Landlord attempted to sell the house in the summer of 2011. This resulted in significant disruption to the Tenant for the months of June and July 2011, as real estate agents and their clients entered the rental unit several times a week, often with less than 24 hours notice. In addition, there were open houses held each weekend for several hours on each of Saturday and Sunday, which required the Tenant to vacate the rental unit to accommodate the open houses.

...

16. I find that the Tenant is entitled to a rent abatement of $390.00 which is 20% of the rent for each of the months of June and July 2011, for the disruption caused by the activities of the Landlord’s efforts to sell the property

[3]

References

  1. ↑ 1.0 1.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17>, reterived 2021-03-09
  2. ↑ 2.0 2.1 Interpretation Act, R.S.O. 1990, c. I.11, <https://www.ontario.ca/laws/statute/90i11>, retrieved 2023-02-04
  3. ↑ 3.0 3.1 TNT-31367-12(Re), 2012 CanLII 57809 (ON LTB), <https://canlii.ca/t/ft1tx>, retrieved on 2022-08-18
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