Can a landlord go into someone’s unit when they aren’t home?
General Rule: Your client has a right to privacy in their home. Your client’s landlord can only come into their home in specific situations, but otherwise they aren’t permitted to enter whenever they want without a valid reason, and they usually need to give your client 24 hours’ notice.
The landlord can enter without notice in some situations like if there is an emergency; if they need to check on the tenant’s condition (e.g., retirement home or care home); or your client agreed to receive housekeeping. In all other cases, your client is supposed to receive 24 hours’ notice if their landlord wants to enter their home. Some examples of reasons a landlord can enter, with 24 hours’ notice, include:
- Doing repairs or seeing if repairs are needed
- Property inspections and showcasing the unit for buyers and insurers
- Reasons agreed to in the tenancy agreement
Landlords can enter for these reasons, at reasonable times, with proper notice, whether your client is home or not.
How You Can Help:
- Step 1: Ask your client if they know the reason their landlord entered their unit or if they were provided any notice that it would be happening.
- If so, they should first try to speak with their landlord, if they feel comfortable doing so.
- Step 2: If your client’s landlord continues to enter their home without a valid reason, you can help them call or email the Rental Housing Enforcement Unit
- 416-585-7214 or 1-888-772-9277
- MHO.RHEU.Info@Ontario.ca
- Step 3: If the problem continues, refer your client to a legal clinic. They might be able to file an application with the Landlord and Tenant Board. If your client wants to do this, make sure they seek legal advice and apply within 1 year of the incident.