As a tenant in Ontario, you have the right to enjoy your rental unit without unwarranted interference from your landlord. The law is clear: landlords cannot enter your home without proper notice or legal justification. When a landlord unlawfully enters your rental unit, it can feel like a breach of trust and an invasion of privacy. In this blog, we’ll explore what constitutes unlawful entry, your rights as a tenant, and how to take action if your landlord crosses the line.
What Is Unlawful Entry?
Under the Residential Tenancies Act (RTA) in Ontario, a landlord can only enter a tenant’s unit under specific circumstances, such as:
1. With Proper Notice:
Landlords must provide written notice at least 24 hours in advance, specifying the reason for entry, the date, and the time (between 8 a.m. and 8 p.m.).
2. In Emergencies:
No notice is required if there’s an emergency, such as a fire or a burst pipe.
3. By Agreement:
The tenant agrees to allow entry, either verbally or in writing.
4. For Showings:
If the property is being sold or rented, landlords must give reasonable notice and ensure the timing is convenient.
If your landlord enters your unit without meeting these conditions, their actions are likely unlawful.
How to Fight Unlawful Entry
1. Document Every Incident
Keep a record of each instance of unlawful entry, including:
- The date and time of entry
- What did the landlord do while inside your unit
- Whether notice was given
- Photos or videos, if possible
2. Notify the Landlord in Writing
Send your landlord a written complaint outlining the unlawful entry and referencing the relevant sections of the Residential Tenancies Act. This shows that you’re aware of your rights and gives them a chance to correct their behavior.
3. File an Application with the LTB
If the landlord continues to enter your unit unlawfully, you can file an Application About Tenant Rights (Form T2) with the Landlord and Tenant Board (LTB).
- Include your evidence and a detailed account of the incidents.
- The LTB may order the landlord to stop the unlawful behavior, pay compensation, or both.
4. Seek Legal Assistance
A licensed paralegal can guide you through the process, ensuring your application is complete and representing you at the LTB hearing.
How to Prove Unlawful Entry
To succeed in your case, you’ll need strong evidence, such as:
1. Written Records
Document each incident in a log, noting the date, time, and any witnesses. Include copies of any written communication, such as texts or emails, where the landlord failed to give notice.
2. Photos or Videos
Visual evidence of the landlord’s unauthorized presence in your unit can be powerful. Make sure timestamps are visible if possible.
3. Witness Statements
If anyone witnessed the unlawful entry, such as roommates or neighbors, ask them to provide a statement.
4. Relevant Documents
Include any letters or notices the landlord provided (or failed to provide) as evidence of non-compliance with the law.
Why Fighting Unlawful Entry Matters
Unlawful entry undermines your rights as a tenant and creates a sense of insecurity in your home. By addressing the issue promptly, you not only protect yourself but also send a message that such behavior is unacceptable.
How Halili
Paralegal Can Help
As a licensed paralegal specializing in landlord and tenant law, I can:
- Help you document and organize your evidence
- File your application with the Landlord and Tenant Board
- Represent you at hearings to ensure your voice is heard
FAQs About Unlawful Entry
Q: Can my landlord enter my unit without notice for repairs?
A: No. Repairs require 24-hour written notice unless it’s an emergency.
Q: What can I do if I feel unsafe after an unlawful entry?
A: Document the incident, contact the LTB, and consider seeking legal advice. You may also request an order for the landlord to change their behavior.
Q: Can I change the locks to prevent unlawful entry?
A: Tenants cannot change locks without the landlord’s consent. However, you can request lock changes if you feel unsafe due to repeated unlawful entries.