(Ontario Real Estate Source)
By Brian Madigan LL.B.
If you want to know about the specific rules that apply, it's always best to look at the source.
In this case, it's the Residential Tenancies Act. The Act distinguishes the purposes of various inspections and showings and provides different rules.
Looking at summaries or short quotations can often lead to erroneous conclusions. So, you should look at the different rules that apply to purchasers, mortgagees and prospective tenants.
Here is s.26
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.
In this case, you may have:
1) both parties agree,
2) Landlord has given notice of termination, or
3) Tenant has given notice of termination.
Please note that there is still a requirement to "inform". While that may not be a formal written notice, it is still an obligation under the Act, which is imposed upon the Landlord prior to entry.
You will also want to read s.27 which sets out other entry rules, for other purposes and other parties.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com
