The right to peaceful enjoyment of one's home is fundamental to the landlord-tenant relationship in Ontario. Yet disputes over landlord entry remain among the most common issues brought before the Landlord and Tenant Board (LTB). Recent analysis of LTB decisions reveals that many landlords—and some tenants—misunderstand the strict legal requirements governing when and how landlords can enter rental units.
Understanding these rules is crucial for both parties: landlords who violate entry requirements face substantial financial penalties and administrative fines, while tenants who improperly refuse lawful entry can face eviction.
The Legal Framework: Section 27 of the RTA
Ontario's Residential Tenancies Act (RTA) establishes clear rules for landlord entry under Section 27. The fundamental requirement is simple: landlords must provide at least 24 hours' written notice before entering a rental unit, except in specific circumstances.
The notice must specify:
- The date of entry
- A time between 8:00 a.m. and 8:00 p.m.
- The reason for entry
- The specific purpose (inspection, repairs, showing to prospective tenants, etc.)
Valid Reasons for Entry
Landlords can enter rental units for several legitimate purposes:
- Repairs and maintenance
- Inspections (including safety inspections)
- Showing the unit to prospective tenants or purchasers
- Pest control treatments
- Other purposes specified in the lease or required by law
The 24-Hour Rule: Strict Compliance Required
The LTB consistently enforces the 24-hour notice requirement with mathematical precision. In sprach-v-carroll-20230427, the landlord provided only 20 hours' notice for a plumber's entry. Despite the minimal difference, the Board found this constituted illegal entry and ordered the landlord to pay the tenant's $48 filing fee.
Similarly, in Veenstra-v-Lucan-Woods-Condos-20201110, a landlord sent notice for February 29th but actually entered on March 1st. The Board ruled this illegal entry warranted $90.21 in compensation, emphasizing that "the Landlords entered the rental unit illegally by not giving the Tenants 24-hour notice as required by the Residential Tenancies Act."
Notice Format Requirements
The notice must be in writing and properly served. Text messages and verbal notices are generally insufficient. In St-Denis-v-Smith-20220216, a landlord's text message notice was deemed inadequate, contributing to a $1,000 penalty plus a $1,000 administrative fine.
The case involved particularly egregious conduct where the "landlord directed the superintendent to enter the Tenant's unit at midnight without proper notice or emergency justification." The Board emphasized that landlords must "provide proper written notice at least 24 hours before entry, as required by the Residential Tenancies Act."
Time Windows and Specificity
Notices must specify a reasonable time window for entry. In AW-v-TCH-20171109, Toronto Community Housing served notices specifying an 8-hour window for entry. The Board found this violated the RTA, noting that such broad windows exceed what courts have deemed acceptable.
The tenant was awarded $500 in rent abatement, and the landlord was hit with a $2,000 administrative fine. The Board noted the "landlord's repeated failure to comply with the Act's provisions" and found the conduct warranted significant penalties.
Emergency Exceptions: When Notice Isn't Required
Section 26 of the RTA allows landlords to enter without notice in genuine emergencies. However, landlords must be prepared to prove the emergency was real and immediate.
Legitimate Emergency Entries
Several cases demonstrate valid emergency entries:
In EB-v-PPI-20190107, a landlord's employees entered during a severe thunderstorm due to concerns about flooding and water damage through open windows. The Board found this entry "justified under emergency circumstances pursuant to Section 26(1)(a) of the Residential Tenancies Act."
Similarly, in thompson-v-wilson-forbes-20230322, while the landlord illegally entered on October 1st and 4th, the "landlord's entries on October 5, 2021 were found to be an emergency" related to bathroom repairs.
Failed Emergency Claims
However, landlords cannot simply claim "emergency" to justify improper entries. In saby-v-awardbrand-investments-inc-20241107, a landlord entered without notice but "did not prove entry was in response to an emergency." The result: a $500 administrative fine.
In GT-v-Landlord-20180612, a maintenance worker entered a tenant's unit in the early morning, claiming concern someone might be injured. The Board rejected this justification, finding "no evidence of emergency to justify entry without notice" and awarding the tenant $1,000 in compensation.
Tenant Consent: An Alternative to Notice
Tenants can consent to entry without 24-hour notice, but this consent must be genuine and voluntary. In Brown-v-BDC-Limited-20220214, although the "landlord gave less than 24 hours advance written notice of entry," the Board found it "more likely than not that the Landlords entered the unit with the consent of the Tenant."
However, consent cannot be assumed. Landlords must obtain clear, voluntary agreement from tenants for short-notice entries.
Consequences of Illegal Entry
Financial Penalties for Landlords
The financial consequences of illegal entry can be substantial:
- $2,138.45 in dempsey-v-da-silva-20241011 for illegal entry that led to theft
- $1,500 in dorans-v-capreit-20240605 for privacy breach when tenant was naked
- $1,000 plus $1,000 fine in St-Denis-v-Smith-20220216
- $500 administrative fine in saby-v-awardbrand-investments-inc-20241107
Administrative Fines
Beyond compensating tenants, the LTB can impose administrative fines up to $25,000 for serious violations. These fines serve as deterrents and reflect the Board's view that illegal entry is a serious breach of tenant rights.
When Tenants Improperly Refuse Entry
While landlords face penalties for illegal entry, tenants who improperly refuse lawful entry also face consequences—potentially including eviction.
Legitimate Refusal Scenarios
Tenants can refuse entry when:
- Proper 24-hour notice wasn't provided
- The notice doesn't specify a valid reason
- The proposed entry time is outside 8 a.m. to 8 p.m.
- No genuine emergency exists
Consequences of Improper Refusal
In QL-v-CABKM-2018-TSL-94316-18, a tenant "refused entry for fire safety inspection after 24-hour notice was given." The Board found this substantially interfered with the landlord's rights, leading to tenancy termination.
Similarly, in Tri-Sands-Apartments-Ltd-v-Curtis-20220913, a tenant "repeatedly refused entry for pest control on multiple occasions" despite proper notice. The Board terminated the tenancy, noting the tenant's conduct was particularly problematic since they had complained about cockroaches but then refused treatment.
COVID-19 and Health Concerns
The pandemic raised questions about refusing entry due to health concerns. In Chan-and-Xu-v-Smith-and-Butcher-20211015, a tenant "refused entry to the rental unit after the Landlord provided proper 24-hour written notice, citing personal health problems and COVID-19 risks, but provided no medical evidence."
The Board found this refusal substantially interfered with the landlord's rights, emphasizing that health concerns must be supported by medical evidence to justify refusing lawful entry.
Special Circumstances: Inspections and Showings
Fire Safety and Life Safety Inspections
Landlords have legal obligations to conduct safety inspections, and tenants cannot simply refuse these. In Colagiacomo-v-Yox-20220126, tenants "denied entry for a scheduled fire inspection on October 26, 2021, despite receiving proper notice."
The Board emphasized that "tenants should allow entry when proper notice is given, as required by the Residential Tenancies Act" and ordered conditional relief requiring future compliance with entry notices.
Pest Control Treatments
Pest control presents unique challenges since treatments often require tenant cooperation. In Rosslyn-Residences-v-Kelemen-and-Cyr-20220106, tenants were required to "fully cooperate with the Landlord and contractors and ready the unit for pest control treatment when served with a 24-hour notice of entry."
When tenants failed to prepare the unit properly, the Board terminated the tenancy, demonstrating that cooperation extends beyond simply allowing entry.
Best Practices for Landlords
Proper Notice Procedures
- Use written notices specifying all required information
- Provide at least 24 hours (not 23 hours and 59 minutes)
- Specify reasonable time windows (avoid 8-hour spans)
- Document emergency situations if entry without notice is necessary
- Obtain tenant consent in writing for short-notice entries
Emergency Documentation
When entering without notice in emergencies, landlords should:
- Document the nature of the emergency
- Take photos if relevant (water damage, safety hazards)
- Notify tenants as soon as possible after entry
- Keep records of the emergency response
Avoiding Common Mistakes
The cases reveal several common landlord errors:
- Using text messages instead of proper written notice
- Providing notice for one date but entering on another
- Claiming "emergency" without genuine justification
- Entering multiple times without proper notice for each entry
Best Practices for Tenants
Understanding Your Rights
Tenants should know:
- The 24-hour notice requirement is mandatory
- Emergency entries must be genuine emergencies
- You can request specific entry times within the 8 a.m. to 8 p.m. window
- Consent to short-notice entry should be voluntary
When to Refuse Entry
Tenants can legitimately refuse entry when:
- No proper notice was provided
- The notice is defective (wrong date, no time specified, etc.)
- No emergency exists despite landlord claims
- The proposed entry is outside permitted hours
Documenting Violations
If landlords enter illegally, tenants should:
- Document the date, time, and circumstances
- Take photos if relevant
- Keep copies of any defective notices
- File T2 applications within reasonable timeframes
The Broader Impact on Rental Housing
Illegal entry violations undermine the fundamental right to peaceful enjoyment of one's home. They create an atmosphere of distrust between landlords and tenants and can lead to:
- Tenant displacement when people feel unsafe in their homes
- Legal costs for both parties in LTB proceedings
- Damaged landlord-tenant relationships that affect property management
- Reduced housing stability in Ontario's rental market
The substantial penalties imposed by the LTB reflect the seriousness of these violations and serve both as compensation for harmed tenants and deterrent for would-be violators.
Key Takeaways
- 24-hour written notice is mandatory for non-emergency entries
- Emergency exceptions are narrow and must be genuine
- Penalties for violations are substantial and increasing
- Tenants cannot refuse lawful entry without consequences
- Proper documentation protects both parties
Understanding landlord entry rights is essential for maintaining healthy rental relationships in Ontario. For landlords, following proper procedures prevents costly legal disputes and maintains positive tenant relationships. For tenants, knowing these rights helps protect privacy while understanding the limits of refusal rights.
The cases analyzed here demonstrate that the LTB takes entry violations seriously, whether committed by landlords entering illegally or tenants improperly refusing lawful entry. Both parties benefit from understanding and respecting these fundamental rules that balance property rights with privacy rights in Ontario's rental housing system.
The message from the LTB is clear: respect the rules, document your actions, and when in doubt, err on the side of following proper procedures. The cost of getting it wrong—whether measured in dollars, damaged relationships, or housing instability—is simply too high.
