When may a landlord legally enter an occupied rental property?
Category Rentals
Owning a rental property can be financially rewarding, but it is important for landlords to be aware that it comes with certain legalities. One such pertains to the circumstances under which they may legally enter an occupied rental property.
While a property owner/landlord will want to ensure that the rental property is being looked after, it is vital to know that, except in the case of an emergency situation such as a fire or a burst pipe, a landlord may only enter the tenanted property with the permission of the tenant.
The landlord must give reasonable notice to the tenant of the need to enter the property. The tenant may not deny entry to a landlord provided notice was given, and that the landlord will be entering for reasons provided for in the Unfair Practices Regulations of the Rental Housing Act (as amended).
In terms of the Regulations, the landlord must ensure that the property is in a good habitable condition. Valid reasons for entry by the landlord would therefore include to inspect the property or to make repairs, replacements or the like. It can also include showing the property for sale or rental purposes, or if the property has been abandoned or after obtaining a court order.
The lease agreement should usually set out the rights of the landlord/lessor in terms of entry for the various reasons noted above as well as to perform any other lawful function in the bona fide (good faith) interests of the landlord or the tenant, provided that the tenant's right to privacy are not violated.
The landlord may only use duplicate keys to enter the premises without notice only in the event of emergency as stated above and where the tenant was not available to seek their prior permission. A landlord who enters a property illegally runs the risk of legal action by the tenant or being reported to the Housing Tribunal and could be ordered to pay damages to the tenant.
Given how complex residential rentals have become and the financial implications when it comes to rental properties, it is recommended that a landlord, especially where they are not in the businesses of rentals, considers the addition of a management option for the management of the tenant and property. This can protect your interest and mitigate against the risks associated with rental properties.
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Author: Gina Meintjes
