Law Talk: Opening up about tenants' rights to privacy
As a residential tenant, you should be able
to enjoy full use of your home with peace of
mind. Your privacy is an important part of
this. Tenants' rights to privacy are protected
by law, and outlined in the Residential Tenancies
Act (RTA). This column reviews these
rights, and provides possible solutions for
tenants with privacy-related issues.
Entry into rental units
A landlord may enter a unit without notice in certain situations set out by the RTA. These include:
Emergencies (e.g., a water leak, electrical shortage)
Where the tenant allows the landlord to enter
To perform housekeeping services included in the tenancy agreement
To show the unit to prospective tenants, if:
There is an agreement to terminate tenancy
Either the tenant or landlord provided a Notice of Termination of the tenancy agreement
Entry between 8 a.m and 8 p.m.
Reasonable effort was made to notify the tenant of the intended entry
In most other cases, the landlord must provide written notice 24 hours before entry, indicating the date, time (between 8 a.m. and 8 p.m.), and reason for entry. The following are reasons acceptable under the RTA:
To carry out repairs or replacements
To inspect the unit to see if any repairs are needed
To allow engineers and/or architects to inspect the unit
To allow a potential mortgagee, insurer or purchaser to view the unit
Any other reasonable reason included in the tenancy agreement
Other privacy matters
A tenant can add or change a lock in their unit, but must have the landlord's permission first. The tenant is then required to provide keys to the new lock to the landlord. The landlord may also decide to change the locking system in the unit or building, but he or she must provide the tenant with keys to the new system.
Campaigners for election candidates are allowed into apartment buildings and cannot be prevented by the landlord from entering. However, the landlord can restrict all other canvassers such as fundraisers and sales persons.
Think you have an issue?
If you believe your landlord entered your unit without proper notice and they have not provided an adequate explanation, you can apply to be heard by the Landlord and Tenant Board (LTB). The LTB assists in resolving problems between tenants and landlords. The application is free, but must be completed within one year of the incident.
Some of the solutions the LTB can order include:
Ordering the landlord not to engage in any further violations against you
Ordering a reduction in rent for past or future payments for the inconvenience of the privacy violation
Ordering the landlord to pay a fine to the LTB
If requested by the tenant, the LTB can order that the tenancy agreement be ended without the notice usually required
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, please visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888-332-3234.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
Entry into rental units
A landlord may enter a unit without notice in certain situations set out by the RTA. These include:
Emergencies (e.g., a water leak, electrical shortage)
Where the tenant allows the landlord to enter
To perform housekeeping services included in the tenancy agreement
To show the unit to prospective tenants, if:
There is an agreement to terminate tenancy
Either the tenant or landlord provided a Notice of Termination of the tenancy agreement
Entry between 8 a.m and 8 p.m.
Reasonable effort was made to notify the tenant of the intended entry
In most other cases, the landlord must provide written notice 24 hours before entry, indicating the date, time (between 8 a.m. and 8 p.m.), and reason for entry. The following are reasons acceptable under the RTA:
To carry out repairs or replacements
To inspect the unit to see if any repairs are needed
To allow engineers and/or architects to inspect the unit
To allow a potential mortgagee, insurer or purchaser to view the unit
Any other reasonable reason included in the tenancy agreement
Other privacy matters
A tenant can add or change a lock in their unit, but must have the landlord's permission first. The tenant is then required to provide keys to the new lock to the landlord. The landlord may also decide to change the locking system in the unit or building, but he or she must provide the tenant with keys to the new system.
Campaigners for election candidates are allowed into apartment buildings and cannot be prevented by the landlord from entering. However, the landlord can restrict all other canvassers such as fundraisers and sales persons.
Think you have an issue?
If you believe your landlord entered your unit without proper notice and they have not provided an adequate explanation, you can apply to be heard by the Landlord and Tenant Board (LTB). The LTB assists in resolving problems between tenants and landlords. The application is free, but must be completed within one year of the incident.
Some of the solutions the LTB can order include:
Ordering the landlord not to engage in any further violations against you
Ordering a reduction in rent for past or future payments for the inconvenience of the privacy violation
Ordering the landlord to pay a fine to the LTB
If requested by the tenant, the LTB can order that the tenancy agreement be ended without the notice usually required
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, please visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888-332-3234.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
