Landlord entry rules집주인 출입 규정 (24시간 통지)

The basic rule: it is the tenant’s home

The landlord owns the property, but while you rent it, it is your home. Ontario’s Residential Tenancies Act, 2006 (the RTA) says a landlord may enter only as sections 26 or 27 allow (section 25). "It is my house, I can come in whenever I want" is not the law.

The landlord also must not substantially interfere with your reasonable enjoyment of the home (section 22). Frequent visits, unannounced visits or sneaking in while you are out can all cross that line.

Keys follow the same idea. The landlord cannot change the locks without giving you a new key (section 24), and you cannot change the locks without the landlord’s consent (section 35 (1)).

Entry with 24 hours’ written notice

Under section 27 the landlord may enter after giving written notice at least 24 hours ahead, for these reasons.

• To carry out a repair, a replacement or other work in the unit
• To let a potential lender (mortgagee) or insurer of the building view the unit
• To let an engineer, architect or similar professional inspect the unit for a condominium conversion
• To inspect whether the unit is in good repair, fit to live in and meets health, safety and housing standards, where the inspection is reasonable
• For any other reasonable reason written in the lease
• To let a potential buyer view the unit (section 27 (2)). The landlord, or a real estate agent registered under TRESA with the landlord’s written authorization, may enter for this.

The notice must state the reason, the day and a time between 8 a.m. and 8 p.m. (section 27 (3)). If any of the three is missing, it is not a proper notice.

Entry without notice

Showings to prospective tenants need no written notice, only a reasonable effort to tell you. Showings to prospective buyers always need 24 hours’ written notice.

If you receive a proper notice

• The landlord may enter even if you are not home (LTB guidance). You do not have to be there, but you may be if you wish.
• You cannot block a lawful entry. If the time is bad for you, arrange another time with the landlord in advance. Otherwise the landlord may enter at the time in the notice.
• The notice must be in writing. Whether a text or email counts depends on the notice clause in your lease and LTB rules, so ask for written notice if you are unsure.
• One notice covers one entry. A notice saying "I may come in any time this week" does not state a day and a time, so it does not meet section 27 (3).

Showings when the home is for sale

If a tenanted home is being sold, every showing needs written notice 24 hours ahead. A listing agent with the landlord’s written authorization may give the notice and enter (section 27 (2)). The time must fall between 8 a.m. and 8 p.m.

A home is hard to sell without the tenant’s cooperation, but entering against the rules makes the landlord’s entry illegal. In practice, landlords and tenants often agree in advance on showing days and time windows, and written notice is still given for each showing. Some landlords give a rent reduction or help with cleaning to get cooperation, but that is a private agreement, not a legal requirement.

The tenant does not have to be home for a showing (LTB guidance), but may be there if they wish. A lockbox for agents does not change the rule: each entry still needs 24 hours’ written notice.

If the landlord breaks the rules

You can file Form T2 (Application about Tenant Rights) with the LTB for illegal entry (section 29 (1), paragraph 6), substantial interference with reasonable enjoyment (paragraph 3), harassment (paragraph 4) or changing the locks without giving you keys (paragraph 5). You must apply within one year of the event (section 29 (2)).

The LTB can order the landlord to stop, pay your costs, reduce your rent (an abatement), pay an administrative fine of up to $10,000 or the Small Claims Court limit, whichever is greater, and end the tenancy if you ask (section 31 (1)).

Entering in breach of sections 26 or 27 is also an offence (section 234 (a)), with fines on conviction of up to $100,000 for an individual and $500,000 for a corporation (section 238).

Keep records: dates, times, who came in, whether you got notice, photos and messages.

If you are the landlord

• Give written notice 24 hours ahead with the reason, the day and a time between 8 a.m. and 8 p.m. The only exceptions are an emergency, the tenant agreeing at the time, regular cleaning required by the lease, and showings to new tenants once the tenancy is ending (you must still try to tell the tenant first) (section 26).
• Keep repairs and inspections to a reasonable number. Monthly "condition checks" can be challenged as interference with reasonable enjoyment.
• When selling, give your listing agent written authorization and make sure notice goes out for every showing. Agreeing on time windows with the tenant makes it easier for everyone.
• If you change the locks, hand over the new keys right away. If the tenant changed the locks, you can apply to the LTB (section 35 (2)).