Landlord/tenant rights, dealing with problems, where to get help...
Notice to End Tenancy and Landlord Entry
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ForumUser Posts: 541
Posted On: 10/18/2016
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Good morning.
I gave notice to end tenancy for landlord, after that every day (without exception) I have been received Written Notice on the unit door informing who landlord will show my suite for rental between 9AM and 7PM.
Some days no one appear, but sometimes landlord appear many times on the same day.
I know that landlord can show unit for rent while I still live here, but my question is if landlord can appear in my unit without to specify the time and if the landlord can show my unit on sunday and holidays too?
My unit looks like "show room" everyone can show my unit anytime.
Talked with landlord about this and he told me he can do this this way.
I live with my wife and two kids and we do not have more privacy where we are living. I know who landlord need to rent your unit, but I am continuing pay my rent and must have privacy too.
Please, can you help me?
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Moderator Moderator Posts: 4142
Posted On: 10/20/2016
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in finding out what your rights are in this situation.
In terms of showing the unit to potential tenants, according to the Landlords' Self-Help Centre,
My tenant gave 60 days’ written notice to vacate their unit, and I am trying to show it to potential tenants. However, the old tenant is restricting when I can show the unit, and wants 24 hour notice before I enter. What can I do?
Legally the tenant does not have the right to choose when you can enter the unit for showings to prospective tenants, and in this case the 24 hour written notice is not even required as stated under sec. 26(3) of the Residential Tenancies Act: Entry to show rental unit to prospective tenants (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3). If he refuses to co-operate, you could try calling the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing at 416-585-7214 and discuss this issue with them.
In terms of the landlord entering the unit, you may want to contact the nearest Community Legal Clinic to see if what is stated above applies to your situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Abrahim Posts: 1
Posted On: 10/20/2016
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Thanks for your response me, but your response is not clear for me. I read the law before I ask this, but I have two question:
Landlord can appear in my unit without to specify the time? (Yes/ No)
Landlord can show my unit on Sunday and holidays too? (Yes/ No)
I am not expert about this, but for me "A landlord may enter the rental unit without written notice to show" and "have made a reasonable effort to inform the tenant of the intention to show the unit", Not means that he can enter the rental to show without notice or without specify the time.
Pay the rent during two months while the apartment is available show any day and anytime between 8AM and 8PM, for me this situation is not "reasonable".
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Moderator Moderator Posts: 4142
Posted On: 10/20/2016
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Hello,
Thanks for your additional question and comments.
In terms of the landlord entering the unit, it is best that you contact the nearest Community Legal Clinic to see what your rights are in this specific situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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