Do I have to allow my LandLord in?

[CuriousLady]

I am giving my 60 days and my landlord wants to come in to do upgrades.
I don’t feel comfortable with him coming in when I am at work as my birds are
out. Do I have to allow him in or do I have the right to refuse until I move out?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out what your rights are in this situation.

In terms of showing the unit to potential tenants, according to the Landlords’ Self-Help Centre,

My tenant gave 60 days’ written notice to vacate their unit, and I am trying to show it to potential tenants. However, the old tenant is restricting when I can show the unit, and wants 24 hour notice before I enter. What can I do?

Legally the tenant does not have the right to choose when you can enter the unit for showings to prospective tenants, and in this case the 24 hour written notice is not even required as stated under sec. 26(3) of the Residential Tenancies Act: Entry to show rental unit to prospective tenants (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). If he refuses to co-operate, you could try calling the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing at 416-585-7214 and discuss this issue with them.

In terms of the landlord entering the unit after the 60 day notice has been given in order to do upgrades, you may want to contact the nearest Community Legal Clinic to see if what is stated above applies.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org