what information does rta allow the practice to view
The Landlord's Correct of Entry into a Rental Unit of measurement
Interpretation Guideline nineteen
Interpretation Guidelines are intended to aid the parties in understanding the Board's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. Notwithstanding, a Member is not required to follow a Guideline and may make a unlike determination depending on the facts of the case.
A tenant has the right to possession and reasonable enjoyment of the rental unit. A landlord has the right to enter the rental unit in certain circumstances when the landlord follows the procedures set out in the Residential Tenancies Deed, 2006 (the "RTA").
Legislation
Sections 26 and 27 of the RTA describe the situations in which a landlord may enter the rental unit.
Entry without notice
Section 26 provides that a landlord may enter the rental unit without observe:
- in cases of emergency;
- If the tenant consents to the landlord entering the unit of measurement at the fourth dimension the landlord enters;
- where the tenancy understanding requires the landlord to clean the rental unit of measurement at regular intervals, the landlord may enter at the times specified in the agreement, or, if no times are specified, between 8:00 a.thousand. and 8:00 p.m.; and
- if the landlord and the tenant have agreed the tenancy will be terminated or one of them has given notice of termination to the other, the landlord may enter the unit to show it to prospective tenants between 8 a.g. and 8 p.thousand. and, before inbound, the landlord informs or makes a reasonable try to inform the tenant of the landlord's intention to enter. A landlord must brand reasonable efforts, depending upon the facts and circumstances of each instance, to give the tenant advance notice in guild to let the tenant to be prepared for entry into the unit past the landlord to testify the unit to prospective tenants.
A landlord may not enter the rental unit without discover to perform repairs even where the tenant has requested the repairs unless the landlord obtains the tenant's consent to enter the unit at the time the landlord goes to the unit of measurement to make the repairs.
Entry with notice
Department 27 provides that a landlord may enter a rental unit in accord with written notice given to the tenant at least 24 hours earlier the time of entry in the following circumstances:
- to conduct out a repair or replacement or to do work in the unit of measurement;
- to allow a potential mortgagee or insurer of the residential complex to view the rental unit;
- to allow a person who holds a document of authorization within the pregnant of the Professional person Engineers Act or a certificate of practise within the meaning of the Architects Deed or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection nine (4) of the Condominium Act, 1998;
- to bear out an inspection of the rental unit, if,
- the inspection is for the purpose of determining whether or not or not the rental unit is in a good state of repair and fit for home and complies with health, safety, housing and maintenance standards, consequent with the landlord'southward obligations under subsection 20(1) or section 161 of the RTA; and
- it is reasonable to carry out the inspection.
- for any other reasonable reason for entry set out in the tenancy agreement.
In addition, south. 27(2) of the RTA provides that the landlord, or, with the landlord'south written authorization, a banker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit provided that they have given written notice to the tenant at least 24 hours before they enter to let a potential purchaser to view the unit.
In any example where at least 24 hours written detect has been given to the tenant, the written notice must set up out:
- the reason for entry;
- the date the landlord will enter; and
- the time of entry betwixt 8:00 a.m. and 8:00 p.g.
Reason for entry
The entry must be for one of the reasons ready out in section 27, described in a higher place.
The notice should provide as many details as possible with respect to the proposed entry, including details with respect to the repair or replacement or with respect to an inspection of the rental unit of measurement. In considering whether or not the notice complies with the RTA, the Board may consider whether details most the entry have been provided to the tenant.
Who may enter
The RTA gives a landlord the right to enter. A landlord's agent, for instance, a superintendent or a person hired by the landlord, may too enter the rental unit on behalf of a landlord.
Where someone other than the landlord or the superintendent has been hired to do work in the unit, the landlord or the superintendent should attend with the hired person to permit entry into the unit by the person.
Specifying the time of entry
Where a specific time of entry is known, it should exist stated in the notice. Where it is not possible to land a specific time of entry, the detect may provide a reasonable window of time for entry.
What is a reasonable window of time will depend upon the facts and circumstances in each case. Where the landlord exercises control over the work beingness washed and who is doing the piece of work, the notice should be reasonably specific with respect to the fourth dimension for entry. Where the landlord does not exercise control over the work existence done or the person who is doing the work, the find should set up out a reasonable window of fourth dimension for entry.
For example, where the work is existence done by a cablevision or telephone company and the visitor specifies a reasonable window of time when information technology will be at the rental unit of measurement, a landlord may reasonably specify that same window. Where the same or similar work is being done in a number of units on the same day, a reasonable window of time may be specified.
In determining whether the specified window of time is reasonable, consideration should be given to the type and complexity of repair, replacement or work being undertaken, the location of the work and the extent to which the entry affects the tenant'south ability to employ the rental unit.
The Divisional Court in Wrona 5. Toronto Community Housing Corporation constitute that while a landlord is non required to specify the exact 60 minutes and minute of a required entry into a rental unit, a written notice providing for a nine hour menses for entry to permit the landlord to deport out an annual inspection of smoke detector equipment does not comply with the requirements that the notice specify a time of entry between 8:00 a.m. and viii:00 p.m.
Frequency of entry
In conveying out repairs, replacements and other piece of work, the landlord should make reasonable efforts to limit the frequency of entries to those actually necessary to accomplish the work.
The landlord should too make reasonable efforts to limit the frequency of entries in other circumstances immune under section 27 of the RTA such as conveying out inspections of the rental unit.
If the Board determines that the landlord has fabricated unnecessary or unreasonable entries into the rental unit of measurement, the Lath may detect that the landlord has interfered with or harassed the tenant or that the landlord has substantially interfered with the tenant's reasonable enjoyment of the rental unit of measurement or the residential complex.
Methods of service of the discover
The written notice by the landlord for entry into the rental unit may be given to the tenant in one of the methods for giving notice set out in section 191 of the RTA or Rule iii of the Lath's Rules of Do.
Tenants' rights and responsibilities
A tenant may remain in the rental unit of measurement while the landlord exercises their right of entry. However, the landlord's right of entry can be exercised if the tenant is non in the rental unit at the time of entry.
A tenant has the right to deny entry to the landlord if the landlord has non met the requirements under the RTA relating to entry. A tenant does non have the right to deny entry simply because the time of entry is non convenient to the tenant. The tenant must:
- not interfere with the landlord'due south right of entry;
- not interfere with the landlord and its agents; and
- take whatsoever steps are necessary to provide access to rooms where the work is to occur, including safely restraining pets in the rental unit.
December 15, 2018
Source: https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/19%20-%20The%20Landlords%20Right%20of%20Entry%20into%20a%20Rental%20Unit.html
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