When a Tenant Refuses Entry in Ontario

Not after you give proper notice. Under the Residential Tenancies Act, 2006, a tenant cannot lawfully block your entry once you have given at least 24 hours' written notice that states the reason, the day of entry and a time of entry between 8 a.m. and 8 p.m. You can enter even if the tenant is not home. Ontario's rental housing offences page says it is an offence for a tenant to stop a landlord from entering after proper notice.

The reverse is also true. The Act lets you enter a rental unit only in the ways it spells out. If you skip the written notice and no exception applies, the tenant can say no, and going in anyway puts you in the wrong.

Disputes go to the Landlord and Tenant Board (LTB). Most entry problems come down to one question: was your notice correct? The tenant's side is in our guide to landlord entry in Ontario, and the short version is on the Ask page can a tenant refuse entry to a landlord.

A notice that holds up has five parts. Build it in this order.

1. Put it in writing. A phone call or a text saying "I'll drop by" is not the written notice the Act asks for.
2. State the reason for entry. Name the actual purpose, such as a repair, an inspection of the unit's condition or a showing to a buyer.
3. State the day you will enter.
4. State a time of entry that falls between 8 a.m. and 8 p.m.
5. Give the notice at least 24 hours before the time of entry.

Keep a copy of every notice and write down when and how you gave it. If the visit ends up in front of the LTB, that record is your evidence. The LTB's interpretation guideline on a landlord's right of entry sets out the same three required details: reason, date and time.

Some entries need the 24-hour written notice. Others do not. The table covers the common situations.

Section 27 of the Act holds the full list of 24-hour notice reasons. If you are unsure whether your reason qualifies, treat it as a notice case and serve the written notice anyway.

Emergencies

You can enter at any time, with no written notice, in an emergency. Use this only for a real emergency. A routine check that you would like to do today is not one.

Showings to buyers

Showing the unit to a potential buyer needs the same 24-hour written notice with a reason, a day and a time. If a broker or salesperson does the showing, they need your written authorization.

Showings to new tenants

Once a notice to end the tenancy has been given, or you and the tenant have agreed to end it, you can show the unit to prospective tenants without written notice. The visit must be between 8 a.m. and 8 p.m., and you must tell the tenant first or make a reasonable effort to. Before any such notice exists, a showing to a new tenant is not covered. See landlord notice to end a tenancy in Ontario for how those notices work.

Consent

If the tenant says yes when you are at the door, you can come in. That consent has to come at the time of entry.

1. Check your notice against the five parts above. A missing time, a vague reason or a notice given with less than 24 hours to spare is the usual weak point.
2. Serve a fresh, correct written notice with a new day and a time inside the 8 a.m. to 8 p.m. window.
3. Keep records: a copy of each notice, the date and time you gave it, any reply from the tenant and what happened at the door.
4. Put your messages in writing, and offer another time within the permitted hours if the first one does not suit.
5. If a tenant still blocks entry after proper notice, you can take it to the LTB. Look at the LTB forms page for the application that fits, or ask the LTB. The LTB's guidance on collecting money from a former tenant gives one example of a claimable cost: a tenant who would not let a pest control technician in after proper notice, so the landlord paid the technician to come back.

What not to do

Do not enter without notice because the tenant is being difficult. Do not change the locks unless you give the tenant new keys, since altering the locking system without replacement keys is prohibited and is an offence. Do not cut off water, electricity, gas or heat to apply pressure. Landlords cannot withhold a vital service, even when rent is overdue. Harassing or interfering with a tenant is also an offence, with maximum fines of $100,000 for an individual and $500,000 for a corporation.

A tenant who turns you away is on firm ground when your notice has one of these problems:

• It gives less than 24 hours.
• It is spoken, not written.
• It gives no reason, or only "to check in".
• It names no time, or a time before 8 a.m. or after 8 p.m.
• It treats a lease clause as permission to enter whenever you like. A tenancy agreement term that conflicts with the Act is void.
• It tries to show the unit to new tenants before any notice to end the tenancy exists.

Fixing the notice usually fixes the problem. A clean notice also leaves you in the strongest position if the matter reaches the LTB. For the general rule on entry in plain terms, see the Ask page are landlords allowed to enter property.

Sometimes a tenant who will not allow entry is also behind on rent, causing damage or not leaving. Entry rules do not change in those cases. You still need the proper notice for each visit. Ending a tenancy is a separate process that needs one of the reasons the Act allows, a notice on the right LTB form and, if the tenant stays, an application to the LTB. Only the Court Enforcement Office (the Sheriff) can carry out an eviction order. Read how to evict a tenant in Ontario before you act.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.