As a landlord in Ontario, balancing your right to protect your investment with your tenant’s right to privacy and “quiet enjoyment” is crucial. The key to staying compliant and maintaining a great tenant relationship rests heavily on one thing: proper notice of entry.
Entering a rental unit without following the rules set out in the Residential Tenancies Act (RTA) is a serious breach that can lead to disputes at the Landlord and Tenant Board (LTB).
Here is your straightforward guide to giving legally compliant notice every single time.
1. The Requirement: 24 Hours’ Written Notice
For nearly all entries, the golden rule is that you must provide the tenant with at least 24 hours’ written notice. This notice is non-negotiable and must be delivered before the 24-hour window begins.
What Must the Notice Include?
Your written notice must clearly specify three things:
- The Reason for Entry: You must state a valid reason allowed under the RTA. Common valid reasons include:
- To carry out a repair or do work.
- To show the unit to a prospective purchaser, insurer, or mortgagee.
- To allow a qualified professional (engineer, architect) to inspect.
- To perform an inspection to determine if repairs are needed (more on this below).
- The Date of Entry.
- The Time of Entry: The entry must be scheduled between 8:00 a.m. and 8:00 p.m. You must specify the exact time or a reasonable time window (e.g., 2:00 p.m. to 3:00 p.m.).
2. When Can You Enter Without Notice?
The 24-hour rule has two critical exceptions:
- Emergency: In cases of genuine emergency (e.g., fire, flood, gas leak, burst pipe) where immediate entry is necessary to prevent serious damage or injury, you may enter without notice.
- Consent: If the tenant agrees *at the time of entry* to let you in, written notice is not required. You cannot get general consent in the lease agreement—it must be granted at the moment of entry.
3. The Valid Reason: What About Regular Inspections?
As mentioned above, performing an inspection to determine if repairs are needed is a valid reason for entry. However, how often can you do this without it being considered excessive?
The RTA requires that all inspections must be “reasonable.” Overly frequent inspections can be viewed as interfering with the tenant’s reasonable enjoyment of the property. Most professionals recommend limiting routine checks to one to three times per year (e.g., semi-annually or quarterly).
