Privacy

Feb 10, 2011

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

When a landlord rents a house or an apartment, he/she gives up certain rights normally associated with ownership. 

Property owners generally assume that they have the right to enter on to their own land as they see fit. They may also think they have the right to enter into houses or apartments they have rented. However, once they rent a house, an apartment, or even vacant land, they have given up the right to enter onto their own property except in special circumstances.

When premises are rented, the tenant is usually entitled to “exclusive possession”. In other words, the tenant has the right to “exclude” other persons from the rented property, including the property owner or landlord. In exchange for rent, the landowner, or landlord, has given up his/her access rights and is required by law to respect the tenant’s right to privacy.

In the case of vacant land, or commercial property, the landlord is free to negotiate an agreement that preserves the right of access.  There is no such freedom to expand a landlord’s rights of access in residential tenancies.

 A landlord can, of course, enter rented premises at any time with the tenant’s consent.  If a tenant won’t give permission, a landlord has only limited rights of entry under Ontario’s Residential Tenancies Act. A landlord is permitted to enter rented premises upon giving the tenant 24 hours advance notice in writing if the landlord wants to:

Do repairs or inspect the premises to see if any repairs are needed;Show the premises to a possible buyer, insurer, or mortgage lender;Let a real estate agent show premise to a possible buyer;Have a property inspection done before converting the premises to a condominium;  Enter for any reasonable purpose listed in the tenancy agreement.

Where notice to terminate a tenancy has been given by either the tenant or the landlord, the landlord also has the right to show the leased premises to a new tenant but only if the existing tenant receives 24 hours written notice.

In all cases the written notice must state when the landlord intends to enter the rented premises, specify a time of entry between 8 a.m. and 8 p.m. and stipulate the reason for entry.

A landlord may only enter rented premises without giving the required 24 hours notice if:

It is an emergency, Permission has been given by the tenant, or The landlord has an obligation to regularly clean the rented unit (as in some rooming or retirement home agreements)

Where a landlord, or anyone working for the landlord, enters a tenant’s home or apartment without the right to do so, it is a serious breach of the law. The Residential Tenancies Act allows landlords to be charged with an offence and, upon conviction, to be fined up to $25,000 for breach of a tenant’s right to privacy.  Corporate landlords can be fined up to $100,000.

Clearly, privacy is not a right to be taken lightly.  If you would like more information about the rights and obligations of tenants and landlords, please contact us. Information is also available from Ontario’s Landlord and Tenant Board by calling 1-888-332-3234 or visiting their website at: http://www.ltb.gov.on.ca/en/index.htm

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.