Notice of Entry (LTB)
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.
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.
2. Sub-section 26(1) of The Residential Tenancies Act 2006 states: “A landlord may enter a rental unit at any time without written notice, (a) in cases of emergency”. On June 2010, the Landlord entered the Tenant’s rental unit, without written notice, to investigate the cause an operating smoke detector alarm. The Landlord’s entry into the Tenant’s rental unit was not illegal because it was in response to a possible emergency.
3. Section 22 of The Residential Tenancies Act 2006 states: “A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household”. The Landlord and his wife have regularly scrutinized the arrival of the Tenant’s guests, asked the reason for guest visits, demanded to know how long the guests would be staying, and asked if the guests were residing with the Tenant. This conduct has substantially interfered with the reasonable enjoyment of the residential complex by the Tenant.
4. Section 23 of The Residential Tenancies Act 2006 states: “A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant”. The Landlord informed the Tenant that the rental unit is not suitable for her infant child. The Landlord instructed the Tenant to seek alternate accommodations. This conduct has harassed and threatened the Tenant.
5. The Tenant is entitled to a one time rent rebate of $715.00. This represents 10% of the rent paid by the Tenant for the 11 month term of this tenancy.
4. Pursuant to subsection 26(1) of the Residential Tenancies Act, 2006 (the ‘Act’), a landlord may enter the rental unit at any time without written notice in cases of emergency or if the tenant consents to the entry at the time of entry.
5. We find that the power outage was not an emergency warranting entry without notice. The Landlord knew the Tenant would be home soon and he also could have requested the Tenant’s consent to enter by text. The Landlord’s entry of the rental unit was illegal. The Tenant testified that after this incident he did not trust the Landlord. The Tenant did not allege that the Landlord disturbed any of his belongings, took pictures or did anything invasive other than entering the rental unit. The Tenant is therefore entitled to a small rent abatement of $20.55 for the illegal entry. The monthly rent is $625.00. The rent abatement awarded is 100% of the monthly rent for the one day of the illegal entry.
7. Subsection 26(1) of the Residential Tenancies Act, 2006 (‘Act’) provides that a Landlord may enter a rental unit without serving a notice of entry in cases of emergency. I find that some of these entries without notice were for emergency purposes. On several occasions the Landlord entered the unit without notice because the Tenant had left the residential complex but the hot water was left running in his unit. As a result, the other tenants in the basement did not have hot water for their showers. On several other occasions the Tenant left the residential complex with his radio turned on at a volume that disturbed the other tenants living in the rental unit.
8. However, the Landlord entered the rental unit on at least two occasions in situations that were not emergencies and without providing the Tenant with a written notice as required by section 27 of the Residential Tenancies Act, 2006 (‘Act’). On one occasion the Landlord’s son repaired an electrical outlet in the rental unit and on another occasion the Landlord replaced the cooking burners in the rental unit. While the Landlord did not enter the rental unit on these occasions for improper reasons, the Act requires her to provide a written notice of entry at least 24 hours in advance in order to enter to perform repairs. (This notice requirement does not apply if the Tenant consents to the Landlord’s entries.) Having considered the relevant circumstances surrounding these two entries, I find that a modest rent abatement of $100.00 is appropriate in the circumstances.
11. On November 2, 2011 the Landlord, after repeated failed attempts to establish verbal communication with the Tenant, entered to the Tenant’s rental unit and removed the satellite television receiver. The Landlord did not provide 24 hour advance written notice of entry. The Tenant did not consent to the entry. The retrieval of the receiver was not an emergency.
12. I find that the Landlord illegally entered the Tenant’s rental unit.