The Situation
You come home from work around 5 p.m. You notice the lock on the door has been changed... no wait, same lock. But something feels different. Your roommate didn't mention anyone coming by.
The next day, you check your email. Nothing. You ask your roommate if anyone came by. They say, "Yeah, actually. Your landlord came in around 2 p.m. with a contractor. They didn't knock or anything—just used the key and came right in. I was taking a nap when they left."
You're upset. Your landlord had no right to enter without notice. But now what? How do you respond? What are your rights?
This walkthrough shows you how to document the entry, communicate your rights, and protect yourself.
Your Rights
Under the RTA, your home is your space. Your landlord cannot enter without your permission or a legal reason.
RTA s.25: Landlord Entry (Lawful Reasons)
Your landlord can only enter your unit for specific reasons:
- Emergency (fire, flood, gas leak, etc.)
- Repairs or maintenance needed to the unit or building
- Showing the unit to prospective tenants (only at end of tenancy)
- Inspections ordered by a health or safety official
- Showing the unit to potential buyers (only if landlord has sold the property)
RTA s.26: Notice Required
Even if your landlord has a lawful reason to enter, they must give you at least 24 hours written notice. The notice must specify the date, time, and reason for entry. Your landlord cannot enter outside reasonable hours (typically 8 a.m. to 5 p.m. on weekdays).
RTA s.27: Your Right to Privacy
You have the right to "reasonable enjoyment" of your unit. This includes the right to privacy. Unauthorized entry violates this right and is a form of harassment under RTA s.23.
Your Landlord's Actions: Illegal
Your landlord entered without notice and without a valid reason (or at least, you don't know the reason). This is unlawful. You have the right to be upset and take action.
Documenting the Incident
The moment you realize your landlord entered without notice, document everything:
Step 1: Write Down the Details
Create a record with:
- Date and approximate time of entry
- Who discovered the entry (you, roommate, etc.)
- Who entered (landlord, contractor, etc.)
- How you know they were there (roommate saw them, items moved, etc.)
- Whether any notice was left behind
- What they were doing (inspecting, making repairs, etc.)
Step 2: Check for Evidence
- Look for a notice left on your door or inside
- Check for recent work or repairs
- Note any items moved or disturbed
- Take photos of the unit (if something looks different)
Step 3: Interview Witnesses
If your roommate was home, get a statement from them:
"On [date], around [time], I observed my landlord and another person entering the unit without any prior notice. They spent approximately [duration] in the unit and left around [time]. I was present but did not give permission for entry."
Ask your roommate to write this down and sign/date it. This is powerful evidence.
Step 4: Save All Evidence
- Any notice left behind (or lack thereof)
- Photos of the unit
- Roommate's written statement
- Text messages or emails about the incident
- Your written record of the details
Writing to Your Landlord
Send your landlord a formal letter citing the RTA and asserting your right to privacy. This creates a record and gives them a chance to explain or change their behavior.
Sample Letter
Date: [Today's Date]
To: [Landlord Name]
Re: Unauthorized Entry on [Date]
Dear [Landlord Name],
I am writing to bring to your attention that you entered the rental unit at [address] on or about [date] without my knowledge or consent, and without providing 24 hours written notice as required by the Residential Tenancies Act, s.26.
Under RTA s.25 and s.26, you may only enter a rental unit for specific lawful reasons (emergency, repairs, etc.) and only with at least 24 hours written notice specifying the date, time, and reason for entry. The entry on [date] did not comply with this requirement.
Under RTA s.27, I have the right to "reasonable enjoyment" of the unit, which includes the right to privacy. Unauthorized entry is a violation of this right and constitutes harassment under RTA s.23.
I require that you:
1. Cease all unauthorized entries to the unit
2. Provide proper written notice for any lawful entry in the future, with at least 24 hours advance notice
3. Confirm in writing that you understand your obligations under the RTA
If such unauthorized entries continue, I will file a T2 application at the Landlord and Tenant Board claiming harassment and violation of my right to reasonable enjoyment.
Please respond to this letter within 5 business days.
Sincerely,
[Your Name]
[Your Contact Info]
Send this by email (for a time-stamped record) and/or certified mail. Keep a copy.
Pro Tip
You're not threatening action yet—just informing your landlord of the law and your rights. Many landlords don't realize they've violated the RTA. This letter educates them and gives them a chance to correct the behavior before you escalate to the LTB.
If It Happens Again
If your landlord enters again without proper notice, you have strong grounds to file a T2 (Tenant's Rights Claim) application.
Second Unauthorized Entry
Document this the same way: note the date, time, who was there, what they did. Get a witness statement if possible. This pattern of behavior strengthens your case.
Send Another Letter
Send a second letter stating that despite your previous letter, your landlord has entered again without notice. State that this is a repeated violation and harassment.
Consider Installing a Doorbell Camera
If you rent allows it, installing a video doorbell (Ring, Nest, etc.) creates irrefutable evidence if your landlord enters again. This is your property during your tenancy—you have the right to monitor who enters.
Filing T2: Tenant's Rights Claim
If the unauthorized entries continue despite your letters, file a T2 application claiming harassment and violation of your right to reasonable enjoyment.
What a T2 Accomplishes
A T2 application asks the LTB to:
- Find that your landlord has harassed you by entering without notice
- Order your landlord to stop unauthorized entries immediately
- Award you compensation for the harassment and loss of quiet enjoyment
- Potentially impose a fine on your landlord for violating the RTA
Evidence to Include
- Detailed timeline of each unauthorized entry (dates, times, who entered)
- Your written letters to the landlord (both times)
- Witness statements (roommate's signed statement)
- Photos taken after entries
- Any response (or lack thereof) from your landlord
Possible Outcomes
The LTB will likely:
- Find that unauthorized entry without notice constitutes harassment
- Order your landlord to cease unauthorized entries
- Award you rent abatement or compensation (typically $50-200 per incident)
- Require your landlord to respect your privacy going forward