Notice of Entry - General (LTB)

Residential Tenancies Act, 2006, S.O.

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.

(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.

(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.

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.

(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.

TNT-69263-15 (Re), 2015 CanLII 54764 (ON LTB)

7. The Tenant alleged that the Landlord frequently entered the unit illegally by giving insufficient, defective or no notice. It was the evidence of the Tenant that the Landlord would send text messages to the Tenant in order to gain entry. A text message is not an approved method to give notice under section 27 of the Act.

8. Most of the evidence led by the Tenants concerning the illegal entries happened during the time of the water infiltration. Paragraph 26(1)(a) of the Act allows for the entry without notice by the Landlord in case of emergency. Times such was after a heavy rain when the Landlord wanted to inspect to see if there was more water entering does constitute an emergency. After all, inspecting for water-tightness 24 hours after a rainfall may not produce the most accurate results. However, during this same period of time, other entries do not constitute emergencies. Specifically, entries with contractors for the purposes of quotes on the repair work can be scheduled and proper written notice should have been given. Another example of illegal entry noted at the hearing includes the entry to the unit when the Landlord needed items from storage required for his son’s birthday (the access to the storage was through the Tenants’ rental unit).

9. By relying on text messages to give notice of entry, I find that the Landlord entered the unit illegally. However, I also find that the entries to the unit for emergency purposes in dealing with the water infiltration and flood to be substantiated under Paragraph 26(1)(a) of the Act. I decline to award a specific rent abatement relating to the illegal entries.