Email & Text - Re: Notice of Entry (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-11
CLNP Page ID:	1999
Page Categories:	[Defective Notice (LTB)]
Citation:	Email & Text - Re: Notice of Entry (LTB), CLNP 1999, <https://rvt.link/10>, retrieved on 2024-05-11
Editor:	Sharvey
Last Updated:	2022/09/09

Residential Tenancies Act, 2006, S.O. 2006, c. 17

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).

(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).

SOT-98356-18 (Re), 2019 CanLII 126931 (ON LTB)

18. It is clear however that the Landlord has not complied with the consent orders, specifying the agreed method of communication. He has posted notes on the Tenant’s door or left notes in her mailbox, instead of communicating by email or texting. Considering the Tenant’s stress, aggravation and frustration, I find that the Landlord has, by such non-compliance, substantially interfered with the Tenant’s reasonable enjoyment of the rental unit.

19. The Tenant did not request an order for rent abatement; rather, she requested an order for damages in the sum of $100.00. I find that the Tenant is entitled to an order for damages in the sum of $100.00 to compensate her for her stress and frustration as a result of the Landlord’s breach of the covenant of quiet enjoyment.