Privacy Violations

What the Law Says

RTA ss.25-27 establish strict rules on landlord entry. These are among the most frequently violated sections because landlords often ignore notice requirements or enter outside permitted hours.

RTA s.25: "A landlord shall not enter a rental unit except in accordance with section 26 or 27 or as authorized by an order of the Board."

RTA s.26: "A landlord shall not enter a rental unit except to carry out repairs or other work in the unit, to show the unit to prospective tenants or purchasers, or for other reasonable reasons for entering the unit."

RTA s.27: "A landlord shall give notice of an intended entry. The notice shall be given in writing and delivered in a manner prescribed by regulation at least 24 hours before the intended time of entry. The notice shall state the reason for the entry."

Hours of Entry: Landlord can enter only between 8am and 8pm (RTA s.27(3)).

Legal Entry vs Illegal Entry

Legal Entry Checklist

An entry is legal ONLY if:

1. Valid Reason: Repairs, showing unit, inspection, or emergency
2. 24-Hour Notice: Written notice delivered at least 24 hours in advance
3. Business Hours: Entry between 8am and 8pm only
4. Reasonable Time: Not during holidays or religious observances without agreement
5. Proper Documentation: Notice states the reason for entry

Common Illegal Entries

• No notice: Landlord enters without warning
• Insufficient notice: Notice given same day or with less than 24 hours' warning
• Verbal notice: Landlord says "I'm coming tomorrow" instead of written notice
• Outside business hours: Entry at 7pm, 7am, or on weekends without agreement
• Vague reason: Notice doesn't state the purpose ("inspection" is not specific enough)
• Letting in third parties: Landlord gives keys to contractor without notice
• Excessive frequency: Showing unit multiple times a week continuously

Emergency Entry (No Notice Required)

In emergencies, landlord may enter without 24-hour notice:

• Fire or flood in progress
• Gas leak
• Explosion or structural emergency
• Break-in or security breach

However, landlord must still provide notice afterward and can only enter to address the emergency (not to look around the rest of the unit).

Notice Requirements

What Constitutes Valid Written Notice

Notice must be:

• In writing (email, letter, form, text)
• Delivered in a prescribed manner (hand delivery, mail, email)
• Given at least 24 hours before entry
• State the reason for entry specifically
• State the date and time of intended entry

Counting 24 Hours

Example: If you receive notice on Monday at 3pm, the earliest legal entry time is Tuesday at 3pm (or later).

Important: The notice period runs from when the tenant receives it, not from when the landlord sends it. If notice is mailed, it may take days to arrive.

Methods of Delivery

• Hand delivery: Landlord gives to you in person (immediate)
• Email: Sent to your email address (counts as delivered when sent)
• Mail: Sent by regular or registered mail (counts as delivered 5 days after mailing)
• Posted on door: Left on unit door or unit (counts as delivered when posted)

What the Notice Must Say

Sample valid notice:

"Notice of Entry: I intend to enter your rental unit on Tuesday, April 15 at 10:00 am to carry out repairs to the bathroom sink and faucet. If you have any questions, contact me at [landlord's phone/email]. This notice is given 3 days in advance."

What is NOT Sufficient

• "I'll be inspecting soon" (no specific date/time)
• "See you tomorrow" (no written notice)
• "For repairs" (vague reason, no specific work)
• Notice given same day (less than 24 hours)

Showing Unit to Prospective Tenants

When Landlord Can Show

A landlord can show the unit to prospective tenants if:

• Notice is given (minimum 24 hours in advance)
• Entry is between 8am-8pm
• Entry is at a reasonable time
• Unit is for rent or sale

Your Rights as Current Tenant

• You can request a specific date/time for showings
• Landlord cannot show excessively (e.g., multiple times per week for months)
• You can be present during showings
• Prospective tenants cannot enter without your consent
• You can refuse showings at unreasonable times

If Showings Are Excessive

If landlord shows the unit repeatedly over many weeks or months:

• This can constitute interference with reasonable enjoyment of the unit
• Document each showing: date, time, how many people
• Send landlord a letter requesting reasonable frequency
• File a T2 if showings continue at unreasonable frequency

Landlord Surveillance and Cameras

General Rule

Cameras in common areas (hallways, parking lots, building entrance) are generally permitted. However, cameras in private spaces (unit interior, bathrooms, bedrooms) are illegal.

Illegal Surveillance

• Cameras inside unit: Illegal under RTA s.22 (interference with reasonable enjoyment)
• Bathroom/bedroom cameras: Illegal and criminal under wiretapping laws
• Hidden cameras: Illegal
• Audio recording inside unit: Illegal

Legal Cameras

Landlord may install cameras in:

• Building entrance/exit
• Parking lot or driveway
• Hallways and stairwells
• Laundry rooms and other common areas

Your Rights Regarding Common Area Cameras

Even for legal cameras:

• Landlord should disclose that cameras exist
• You have a right to privacy of your movements
• Footage should not be shared inappropriately
• If footage is used to harass or discriminate, this is a violation

If You Find an Illegal Camera

1. Take photos/video of the camera
2. Document the location and date you discovered it
3. Do not remove it yourself (could damage landlord's property)
4. Send landlord a written demand to remove it within a set timeframe
5. If not removed, file a T2 at the LTB for invasion of privacy
6. Consider filing a police report if it's in a bathroom or bedroom

What to Do When Landlord Enters Illegally

Immediate Response

1. Ask for notice: "Do you have written notice for this entry?" (If no, document that.)
2. Document the entry: Note date, time, who entered, reason stated
3. Take photos/video: If safe to do so, document the landlord or contractor entering
4. Remain calm: Do not physically block entry (risk of escalation)
5. Witness: If possible, have another person present to verify what happened

After the Illegal Entry

1. Write it down: Document the incident in detail (date, time, who, what happened)
2. Send notice to landlord: Email or mail a letter stating: "On [date] at [time], you/your contractor entered my unit without proper 24-hour notice. This violates RTA s.26. Please cease all illegal entries."
3. Keep copies: Save the letter and any response
4. Check if repeated: If this is a pattern, document multiple instances

Can You Deny Entry?

Yes, if notice is invalid. If the landlord has not given proper 24-hour written notice, you can refuse entry. You can:

• Ask them to leave
• Not let them in
• Document that you refused entry

Exception: If there is a true emergency (fire, flood, gas leak), you cannot deny entry.

Filing T2 Application

What is a T2?

A T2 is a tenant complaint application to the LTB. You can file a T2 claiming your landlord has:

• Entered without proper notice (RTA s.26-27)
• Entered outside 8am-8pm hours
• Entered without valid reason
• Interfered with reasonable enjoyment through excessive showings or entries
• Invaded your privacy with cameras or surveillance

How to File

1. Download T2 form from Ontario.ca/ltb or request paper copy
2. Fill out with:
   • Your name and unit address
   • Landlord's name and address
   • Dates of illegal entries (be specific: date, time, who entered)
   • What was violated (e.g., "No 24-hour notice," "Entry at 7pm")
   • How this affected you (loss of privacy, stress, disruption)
   • Remedy sought (cease entries, compensation, damages)
3. Attach documentation:
   • Photos of notice (or lack thereof)
   • Copies of emails/texts/letters between you and landlord
   • Your journal/notes documenting each illegal entry with dates and times
   • Witness statements if others were present
4. File with LTB and pay filing fee (currently around $45.50, free if in hardship)
5. Serve copy to landlord by email, mail, or hand delivery

At the Hearing

Be prepared to:

• Explain each illegal entry in detail
• Present your documentation
• Describe how the violations affected you
• Explain what remedy you're seeking

Possible Remedies

• Cease and desist: LTB orders landlord to stop illegal entries
• Rent abatement: Reduction in rent for period of ongoing violations
• Damages: Compensation for lost privacy, stress, disruption (typically $500-$3,000+)
• Remove surveillance: Order to remove illegal cameras

Key Statutes

• RTA s.22-23: Landlord cannot interfere with reasonable enjoyment or harass tenant
• RTA s.25: Landlord can only enter in prescribed circumstances
• RTA s.26: Valid reasons for entry
• RTA s.27: 24-hour written notice required; entry between 8am-8pm only
• RTA s.29: Protection from retaliation for asserting rights
• Canadian Privacy Act: May apply to certain landlord conduct involving personal information