Toronto Renters Forum
Common Tenant Problems => Apartment Entry => Topic started by: Mpeg08 on October 31, 2021, 10:41:17 pm
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Hello - asking for some advice. Landlord is currently selling the unit we are renting. We have agreed to all showings for which we are given 24 hr notice for and as long as they are after working hours (as we are currently working from home ).
Landlord is now pushing us (tenants) to allow showings during our working hours. Can this be considered as an interference of our reasonable enjoyment of the premises as showings could interfere with our working life ?
We have been very forthcoming with the landlord but all discussions continue to go on the direction of the landlord saying we need to follow the rules and allow entry 8am -8pm.
Thank you in advance
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Unfortunately, the Residential Tenancies Act (the Ontario law that governs landlords and tenants) allows your landlord to enter your apartment without giving 24 hour prior notice for the purpose of showing your unit to prospective new tenants.
Here’s a link to the relevant statute:
https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec26subsec3 (https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec26subsec3)
Which states…
26 […] (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. 2006, c. 17, s. 26 (3).
According to subsection “(c)”, the landlord is supposed to make a reasonable effort to inform you prior to showing your apartment. The “reasonable effort” clause actually helps both tenants and landlords because tenants get a little warning of the impending disruption, and it also gives tenants an opportunity to make the unit more presentable for the landlord’s showing which is good for the landlord.
I’m not saying that you should do anything to break the law nor be unfair to your landlord, but your landlord may start giving you more and better notice if they find that the apartment isn’t showing so well because you aren’t as able to keep the apartment clean and tidy if you don’t get adequate notice. Dishes don’t get done and laundry doesn’t get picked-up by itself, does it? But with better notice you have more time to ensure that these chores do get done without interrupting your workday.
Also, you have a right to free speech – you could complain to your landlord in front of the prospective tenants if you feel that the landlord has not made a reasonable effort to give you advance notice – this is a signal to the prospective tenants that your landlord doesn’t treat their tenants very well, and is helpful information for prospective tenants to know as they consider their options.
Also, you have a right to insist that anyone entering removes their shoes, and wears a mask (COVID).
Ultimately your landlord will treat you better if they think that it’s in their best interest to do so.
The terrific Steps to Justice website has some information regarding showing apartments (https://stepstojustice.ca/questions/covid-19/can-my-landlord-show-my-place-during-pandemic).