Yes, the landlord must give the tenant notice if the landlord will be entering the tenant’s property to do repairs.
Under the Residential Tenancies Act, the landlord must give the tenant written notice at least 24 hours prior to entering the suite to make repairs. There are some exceptions, for example, if there is an emergency (e.g., a burst pipe). The notice must have the landlord’s signature, 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. The landlord cannot enter on a holiday or on the tenant’s day of religious worship. This is Sunday unless the tenant informs the landlord, in writing, of a different day. As long as the landlord follows these rules, the landlord can enter to make repairs without the tenant’s consent or presence.
Alternatively, a tenant could provide written consent to the landlord to enter on a specific day to complete repairs. In such a case, notice is not needed.
A landlord cannot contract out of the notice requirement. For example, the landlord includes a term in the lease that says they don’t have to give notice 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.
March 2020
