The Residential Tenancies Act states that a landlord must give a tenant written notice at least 24 hours prior to entering the suite to make repairs, unless it is an emergency situation (i.e. a burst pipe). The notice must be signed, state the reason for the entry, and the date and time of entry (the notice cannot list multiple entry dates). The landlord can only enter between 8:00 a.m. and 8:00 p.m. and cannot enter on a holiday or on the tenant’s day of religious worship (presumed to be Sunday unless the tenant has informed the landlord, in writing, of a different day). As long as the landlord follows these rules, the tenant’s consent is not needed and the landlord can enter to make repairs without the tenant being present.
Alternatively, a tenant could provide written consent to the landlord to enter on a specific day to complete repairs, in which case notice is not be required.
A landlord cannot contract out of the notice requirement. For example, if the landlord included a term in the lease that said no notice is required to complete repairs, this term would have no effect because it is in direct opposition to the law. The landlord must follow the notice rules set out in the Residential Tenancies Act.
See our Notices section for more information.