Illegal Entry (Rooming House)

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

2 (1) In this Act,

...

“rental unit” means any living accommodation used or intended for use as rented residential premises, and “rental unit” includes,

(a) a site for a mobile home or site on which there is a land lease home used or intended for use as rented residential premises, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; (“logement locatif”)

“residential complex”, except in Part V.1, means,

(a) a building or related group of buildings in which one or more rental units are located,

(b) a mobile home park or land lease community,

(c) a site that is a rental unit,

(d) a care home, and,

includes all common areas and services and facilities available for the use of its residents; (“ensemble d’habitation”)

“residential unit” means any living accommodation used or intended for use as residential premises, and “residential unit” includes,

(a) a site for a mobile home or on which there is a land lease home used or intended for use as a residential premises, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; (“habitation”)

...

Privacy

25 A landlord may enter a rental unit only in accordance with section 26 or 27. 2006, c. 17, s. 25.

Entry without notice

Entry without notice, emergency, consent

26 (1) A landlord may enter a rental unit at any time without written notice,

(a) in cases of emergency; or

(b) if the tenant consents to the entry at the time of entry. 2006, c. 17, s. 26 (1).

Same, housekeeping

(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,

(a) the landlord enters the unit at the times specified in the tenancy agreement; or

(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m. 2006, c. 17, s. 26 (2).

Entry to show rental unit to prospective tenants

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3).

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).

Same

(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).

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).

case neme

Illegal Entry:

18. Subsection 27(1) of the Act provides that 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. In accordance with subsection 27(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.

19. There is no dispute that on five occasions (September 30, 2012, October 8, 2012, December 27, 2012, January 5, 2013, and April 15, 2013) the Landlord entered the Tenant’s unit. It was the Landlords’ practice to write the “notice” on a white eraser board located in the kitchen. With the exception of the notice of entry for September 30, 2012, the Landlord did not specify a time of entry or merely indicated “10am - 4pm”.

20. I am not satisfied that placing a notice on a white eraser board located in a common area kitchen would satisfy the written notice requirements as set out in subsection 27(3) of the Act. In addition, four of the notices were also defective because there was no time specified or the duration period in which the Landlords could enter was unreasonable in the circumstances.

21. Based on the evidence before me, I find that by failing to provide the Tenant proper notice prior to entering the Tenant’s rental unit, the Landlords have entered his unit illegally on five occasions.

22. The Tenant is seeking the following abatements for each illegal entry and breach of privacy; $500.00 on September 30, 2012, $100.00 on October 8, 2012, $1,000.00 on December 27, 2012, $700.00 on January 5, 2013 and finally $1,200.00 on April 15, 2013. The Tenant is relying on Wrona v. Toronto Community Housing Corp. [2007] O.J. No. 423 (Ont. Div. Crt.) as his authority in justifying the quantum of the rent abatement. In Wrona, the court awarded the tenant $1,000.00 for an illegal entry.

23. Wrona is distinguishable from the case before the Board. In Wrona the tenant was a vulnerable person and there was also a long history of discussions between the tenant and the landlord regarding the notices of entries and the impact that those entries had on her mental health. Those same issues do not exist with the parties before the Board on this case.

24. Having regard for the impact statement of the Tenant and the reasons for the entries, I am of a view that an appropriate rent abatement in this instance to be $500.00 or $100.00 for each occurrence.