When Can I Enter My Tenant’s Rental Unit?
Being a landlord can be a cloudy and complicated task at times. It’s important you know the proper protocols that are in place to ensure that both you and your renter’s rights are being upkept. Read on for Heritage Law’s quick guide on how to properly enter your tenant’s unit.
Reasons Why You May Enter Your Renter’s Unit
As outlined in the Residential Tenancies Act, there are five reasons why a landlord may enter a tenant’s property.
- To inspect the state of repair.
- To make unit repairs.
- Pest control.
- To show the property to potential buyers.
- To shop the property to potential renters. Note: this is only the case during the last month of a fixed lease or after proper notice has been given from either party.
If you need to enter your tenant’s property for any of the reasons above, you’ll need to ensure you either obtain consent from the renter, or provide proper written notice.
- A landlord may enter their renter’s unit for other reasons than the ones stated above if,
- The tenant has given the landlord consent to enter.
- There is an emergency situation that required the landlord to enter.
- The landlord has reason to believe the tenant has abandoned the property.
Consent vs. Notice of Entry
If a landlord obtains consent from a tenant, they may enter without providing a written notice of entry first. While the consent can be verbal or written, it’s usually a good idea to get it down on paper to avoid any miscommunication.
Proper Notice of Entry
If you plan on entering your tenant’s unit and you have not obtained consent, you must provide a written notice of entry. This notice must be signed by the landlord and served at least 24 hours before the stated time of entry. It also needs to state the reason for entry and provide a specific date and time of when the entry will occur. A few other rules surrounding the time and date of entry:
- You can only enter a unit between the times of 8am and 8pm.
- You cannot enter on a holiday or a day of religious worship (which is assumed to be Sunday, unless the tenant has informed you – in writing – otherwise).
- You can’t give a notice of entry for more than one day. For example, you can’t say that someone will be entering the unit between Monday and Wednesday.
So long as you give clear and proper notice, your tenant does not have to be present at the time of entry. You as the landlord don’t even need to be present if the repair is being handled by a third party.
Looking For Legal Advice?
This post is not holistic in nature, and isn’t able to cover all the minute details that make up the rental law landscape. If you have questions about when and how to properly enter your tenant’s unit, or have found yourself in the middle of a legal dispute – contact the experts at Heritage Law to get help today!