January 5th - 2006

Tenants rights – what you should know

Showing a rental unit without giving proper notice to the tenant could be a criminal offence.

Showing a rental unit without giving proper notice to the tenant could be a criminal offence.

To avoid any problems with illegal entry, REALTORS® should have some knowledge of the Tenant Protection Act, particularly the sections that relate to entering a tenanted unit. While it may not be the traditional real estate transaction that the majority of REALTORS® are familiar with, the increasing number of condominium properties on the market has resulted in more tenant occupied listings.

According to the Act, if a notice of termination has been given by either the landlord or tenant, or there is an agreement to terminate the tenancy, and the landlord wants to show the unit to a potential new tenant, you may only enter between 8 a.m. and 8 p.m. Written notice is not required by law, but the landlord must try to tell the tenant before entering the unit.

If the unit is listed for sale, a landlord can enter to allow a potential purchaser, insurer or lender to view it between 8 a.m. and 8 p.m., but only if 24 hours written notice is given to the tenant.

Apart from the rules set out by the Act, there are other practical tips that can help you sell a rental property without any hitches.

  1. Gain the tenant’s cooperation. Although you may have a legal right to enter their unit, they don’t have to be nice about it. However, if you take the time to listen and understand the concerns of both the landlord and the tenant whose life is going to be disrupted, you will get a lot farther. Try to get a sense of their expectations and let them be part of the process.

  2. Make sure the price is right! This is so important because even the nicest tenant can get grumpy if the listing period drags on. Work with the landlord and explain the downsides of having the property on the market for too long.

  3. Get any agreement to change the rules in writing. You may get the tenants to agree to waive the 24 hour notice period for a shorter period of time. However, be sure to get the tenant to give you that permission in writing. Otherwise, should impatience set in, they could claim you were never given permission.

  4. Deliver notice in writing. Although the rent tribunal has no rules about sending notice by email, it’s best to put the notice in writing and deliver it to the tenant’s mailbox or under their door.

  5. Familiarize yourself with the Tenant Protection Act. You can view a summary of the Act at www.orht.gov.on.ca or you can order a copy from Publications Ontario by calling 416-326-5300 or toll-free at 1-800-668-9938 or, you can purchase a copy on line at www.publications.gov.on.ca.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Senior Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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