Entry: Misconceptions and How to Spot an Illegal Notice
Tenants are often provided with notices of entry by landlords for various reasons.
The reasons for entry can sometimes include for repairs or inspection.
There is the misconception many tenants have that an
inspection can only be done once or twice per year. The Residential Tenancies Act
actually stipulates that inspections may be carried out if:
Tenants often insist that they must be present every time a
landlord enters their unit. Tenants often deny entry to landlords because they are
unable to be present upon entry by the landlord. The Act makes no provisions that a
tenant should be present. It is reasonable that a landlord should try to accommodate
a tenant who wants to be present but this is not a requirement. A tenant who often
denies entry for this reason would therefore be in violation of the Act and may find
themselves being issued with a notice of termination by the landlord.
When it comes to the other side of the coin, we find that some
notices provided to tenants by landlords are illegal notices for failure to comply
with the requirements of the legislation. On a number of occasions, we see landlords
providing notices several times a year to tenants without providing a reason for
their entry or a reason which complies with the legislation.
These notices must further be provided 24 hours in advance
with a reasonable time frame for entry. There is a prevailing misconception that
once the notice is provided detailing that the landlord will enter between 8am-8pm,
that this is sufficient. A twelve-hour widow or even a 6-hour window have been often
viewed by the Courts and the Landlord and Tenant Board as unreasonable. If the
landlord is unable to provide an actual time, a reasonable window of time should be
In addition to those factors mentioned previously, a landlord
may only enter a rental unit under the following circumstances:
You can spot an illegal notice of entry where the foregoing
requirements are not complied with.
Both Tenants and Landlords are encouraged to contact a
licensed paralegal or lawyer for assistance should they be uncertain about their
rights pertaining to notices of entry.
All articles provided though
these blog posts as posted by AJ Murray Legal Services are not to be construed as
legal advice. For legal advice concerning your specific circumstances, please
contact a licensed paralegal or a lawyer.