Understanding Your Right to Privacy as a Tenant
One of the most fundamental rights you hold as a renter in Ontario is the right to quiet enjoyment of your home. This legal principle means that your rental unit is your private space — even though someone else owns the building. Your landlord cannot freely come and go as they please simply because they own the property.
Disputes over landlord entry are among the most common complaints filed with the Landlord and Tenant Board of Ontario. Many tenants are unaware of how clearly the law protects them — or what steps they can take when those protections are violated.
This guide breaks down every scenario under Ontario law. If you’re dealing with a complex tenancy dispute, the team at Kippel & Associates has extensive experience advising Ontario tenants and landlords on their rights under the RTA.
The Legal Framework: Sections 25, 26 & 27 of the RTA
All landlord entry rules in Ontario are governed by the Residential Tenancies Act, 2006 — specifically Sections 25, 26, and 27. Section 25 is the foundational rule: a landlord may only enter a rental unit in accordance with what Sections 26 or 27 permit. Any entry outside those circumstances is an illegal entry.
Key Law: Section 25 — RTA A landlord can ONLY enter a rental unit in accordance with Section 26 or Section 27 of the Residential Tenancies Act. Any entry outside of those circumstances is considered an illegal entry and can result in LTB complaints and financial penalties. |
The full text of the Residential Tenancies Act, 2006 is publicly available on the Ontario Government’s official website.
When Can a Landlord Enter WITHOUT Notice? (Section 26)
Section 26 of the RTA lists situations where a landlord may enter a rental unit without any advance written notice. These are narrow and specific:
1. Emergency Situations
If there is a genuine emergency — such as a fire, a burst pipe, a gas leak, or a flood — a landlord may enter at any time, without notice. The emergency must be real and immediate. A landlord cannot claim ’emergency’ to justify routine or unplanned visits.
Warning
A landlord who routinely invokes ’emergencies’ to enter your unit without notice may be in violation of the RTA. If you believe entries are fabricated as emergencies, document them carefully and consult the LTB.
2. Tenant Consent Given at the Time of Entry
If you consent to the landlord entering at the time they arrive — verbally agreeing to let them in — this counts as valid consent under the RTA. However, this consent must be given freely. You cannot be pressured or coerced, and prior general permission is not a substitute for the formal notice requirements.
3. Tenancy Agreement Allows Cleaning at Regular Intervals
If your lease specifically provides that the landlord will clean the rental unit at regular, scheduled intervals, the landlord can enter at those agreed-upon times without giving fresh notice each time.
4. Unit Has Been Abandoned
If a landlord reasonably believes the tenant has permanently vacated the unit, they may enter to assess the situation. This is context-dependent and cannot be applied broadly.
When Can a Landlord Enter WITH Notice? (Section 27)
For all situations under Section 27, the landlord must provide you with at least 24 hours’ written notice before entering. That notice must include three things:
- The reason for entry — it must be a permitted reason listed under the RTA
- The specific day of entry — a general date range is not sufficient
- A specific time between 8:00 a.m. and 8:00 p.m. — entry outside these hours is not permitted even with notice
Permitted Reasons for Entry With Notice
- To carry out a repair, replacement, or other work in the rental unit
- To conduct an inspection to determine whether repairs are needed
- To allow a potential mortgagee or insurer to view the unit
- To allow a potential purchaser or their authorized real estate broker to view the unit
- To show the unit to prospective tenants when the tenancy has been terminated or notice given
- For any other reasonable purpose specifically set out in the tenancy agreement
Importantly, “I just wanted to check on things” is NOT a valid reason under the law. The reason given must fall within the RTA’s permitted grounds.
Can You Refuse Your Landlord Entry?
Yes — under certain circumstances, you have the right to refuse entry. You may refuse if:
- The landlord did not provide the required 24 hours’ written notice
- The written notice did not include a valid reason, the day of entry, and a specific time
- The landlord is attempting to enter outside of permitted hours (before 8 a.m. or after 8 p.m.)
- The stated reason does not fall within the permitted grounds under the RTA
- There is no genuine emergency
However, if a landlord has given proper notice, refusing entry without cause may have its own legal consequences. If there is a valid reason to object, communicate in writing and seek legal advice.
Penalties for Illegal Entry
A landlord who violates the entry rules of the RTA faces significant consequences:
Tenants can file Form T2 — Application About Tenant Rights with the Landlord and Tenant Board. If successful, you may receive an order directing the landlord to stop, and potentially financial compensation for the breach of your rights.
What to Do if Your Landlord Enters Without Proper Notice
- Document everything: Write down the date, time, and circumstances of every improper entry. Take photos if safe to do so. Keep copies of all notices received.
- Raise it in writing: Notify your landlord in writing (email is fine) that their entry did not comply with the RTA and remind them of the 24-hour written notice requirement.
- Contact the LTB: File a complaint with the Landlord and Tenant Board using Form T2. Include your documentation as evidence.
- Seek legal advice: A licensed paralegal or lawyer can help you. The team at Kippel & Associates assists clients across Ontario in navigating exactly these situations.
- Avoid retaliatory action: Do not change your locks without written authorization from the LTB — this can give your landlord grounds to take action against you.
Frequently Asked Questions (FAQ)
Q: Can a landlord enter my unit if I’m not home?
A: Yes, as long as they have provided at least 24 hours’ valid written notice and entry falls within 8 a.m. to 8 p.m. You do not need to be present, but proper notice must still be given.
Q: What counts as an ’emergency’ for entry without notice?
A: Emergencies require immediate action to prevent serious harm — for example, a fire, burst pipe, gas leak, or flooding. The situation must be genuinely urgent. A landlord cannot claim ’emergency’ for issues that could reasonably be addressed with advance notice.
Q: Does an email count as written notice?
A: Yes. Written notice can be delivered by email if the tenant has agreed to receive notices electronically. It must clearly state the reason, day, and time of entry, and be received at least 24 hours before the planned entry.
Q: Can I change my locks to stop my landlord from entering illegally?
A: Generally, no — not without written agreement from your landlord or an LTB order. Changing locks without authorization could give the landlord grounds to take legal action against you. File a complaint with the LTB instead and seek legal advice.
Q: What if my landlord sends a contractor or superintendent instead?
A: The same 24-hour written notice rules still apply. A landlord is held legally responsible for any illegal entry committed by their authorized agents, including contractors, property managers, or real estate agents.
Q: What is Form T2 and when should I use it?
A: Form T2 is the Application About Tenant Rights — the official LTB form used to file a complaint about a landlord who has entered your unit illegally or repeatedly without proper notice. Submit it with your evidence (notes, photos, defective notices) to the LTB.
Q: Can a landlord take photos inside my unit during an authorized entry?
A: The LTB has addressed this in several cases. While it may be prudent for a landlord to mention photography in their entry notice, the failure to do so does not automatically make the entry illegal. However, unnecessary photography of personal belongings may still be challenged.
Conclusion
Document every incident, communicate in writing, and don’t hesitate to contact the Landlord and Tenant Board if your rights are being violated. You can also review the official Residential Tenancies Act, 2006 on the Ontario Government’s website, or read the Renting in Ontario: Your Rights page for a plain-language overview.
If you are unsure about your specific situation or need help navigating a landlord dispute, speaking with a qualified legal professional is always a wise step. The team at Kippel & Associates is available to guide you through Ontario’s tenancy law with clarity and professionalism.
Conclusion
The most important thing to keep in mind is that the sale of the property does not deprive you of your rights. The legislation is evident and landlords should observe it to the letter.
Learning about tenant rights in case of selling property in Ontario can help you not to be pressurized, guard your stance, and make wise decisions.
Get ahead of the curve in case you get a notice or are not sure of your circumstances. Check your documents, verification of legal requirements and avoid basing on verbal claims.
When you require a proper guidance or quick assistance, call us now and get reliable legal assistance and feasible guidance.
FAQs
Am I required to vacate in case my landlord sells the property in Ontario?
No, your lease continues with the new owner. You only need to leave if a valid N12 notice is issued and meets all legal requirements.
What makes an N12 eviction notice invalid?
Missing compensation, incorrect notice period, or lack of genuine intent can make the notice invalid and open to challenge.
Can I get compensation for a bad faith eviction?
Yes, tenants can receive up to 12 months’ rent if the eviction is proven to be in bad faith.
Is cash for keys mandatory in Ontario?
No, it is optional. No offer is to be accepted and you can remain unless there is an eviction that is valid eviction.
What can I do in case I feel like being forced to relocate?
Inconsent not at once. Always consult a lawyer; go over your rights, make note of everything and consult legal advice before coming to a decision.
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