I'm a tenant that's having problems with my present landlord. I have several questions and would like to know the best

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Customer: I'm a tenant that's having problems with my present landlord. I have several questions and would like to know the best way to approach the situation
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Guelph, Ontario, CA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: 1 issue, yes, but it's not the most important of my questions.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: None that in aware of. I have reason to believe my landlord is breaking laws about the 24 hours notice before entering the property and have a few specific questions to ask about it.
Answered by Debra in 5 mins 6 months ago
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Debra
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Debra
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164778 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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164778 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Can you please let me know a bit about what is going on?


Customer
Hi Debra. So I'm having a number of issues with my present landlord. I'll start with the questions regarding the 24 hours entry notice because it seems to be the biggest issue I'm facing at the moment. I'll be taking a few minutes to type as well just to be as detailed as possible.
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Debra, Expert

ok

Customer
Saturday evening, I returned home to my student housing unit where I live with 3 other girls on the main and second floor. Two of the tenants are moving out, one of which was problematic and left early and relatively unannounced. The other tenant that is leaving, let's call them K for anonymity sake, was chatting with me about a couple thing when we heard a knock on the door. There was a situation where that previous troublesome tenant gave their keys to a friend and didn't leave them with the house and I didn't know about such event until I heard it from my roommate which I was quite peeved about. Next thing I knew there was a knock at the door. We were both worried it would be this stranger with keys, but it was my landlord. She said she thought I wouldn't be home until later and essentially let herself inside.She was entering to inspect the troublesome tenants room that was abandoned several hours before. After she left we politely texted her that we would have preferred to have some more notice, even 10 minutes as opposed to none at all, and her response was questionable. I did some research and it's to my understanding now that she is allowed to enter at any point to inspect an abandoned unit within 24 hours of being abandoned, and I did consent to her entering the house and this point. I simply wanted to make clear that any future meeting that wasn't an emergency was given the entitled 24 hrs notice. Her response stated that because I was only renting "a room" (not true, my lease has main floor/basement amenities listed that I pay for) that I was not entitled to 24 hours notice.She also told us that because she was trying to rent out the rooms of the two people leaving, she was allowed to enter and leave on short notice. I did research on this as well. From what I read, showings of the space to potential tenants doesn't require a full 24 hours notice but it does ask for reasonable communication with active tenants. She is trying to extend this into saying that until those tenants have moved in, she can show up to the house at the drop of a hat. She has already signed leases for the two new tenants as well. I got a message from her this morning at around 8:30 that she would be here this afternoon
to do maintenance on one of the rooms despite me previously having asked to give a full 24 hours notice.So here's my questions:Even if I'm only renting a room (which is not the case) I am still entitled to 24 hours notice if it isn't an emergency?Is she still required to give 24 hours notice to active tenants of the house to do maintenance even if those new tenants have not moved in yet, and does the short notice only apply when she is showing the space to tenants?
Customer
I also just remembered that there are a few instances where she is aware I wasn't home and would only contact those who she knew were home about the fact that she was entering the house. I couldn't find anything specific about whether she's exempt from telling me if she knows I'm not home, but I feel like that isn't allowed either.
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Debra, Expert

Just to clarify, she doesn't share a bathroom or kitchen with any of the tenants does she? This is just typical student housing right?

Customer
only students live in the house. The landlord doesn't live here.
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.


Your landlord must give you 24 hours written notice before she enters the unit unless it's an emergency. She does not have the right to enter the way she entered last night. She's making a mistake because she thinks because she owns the property she is free to do what she wants in your home. This is your home and the law protects you.

If you like you can contact the landlord and tenant board first thing tomorrow morning so you can get through to discuss this. You could actually take her to the board for an order requiring her to give you peaceful enjoyment of your home. In fact she can be fined for entering this way.

Does that help?

Customer
it does. My only concern with her getting away with the entry the other night was she was blaming it on an emergency because "What if there was a flood because she left the taps on or the window was open?" K (roommate) got the call about the troublesome tenant being gone for good at 4:30 and my landlord arrived at around 7:30ish (cursing myself for not recording the proper time). If a tap was going water would've been pouring down the stairs so it wasn't a full emergency, but she might try and blame it on such. She is still trying to enter the house again this afternoon on the grounds of maintenance and new tenants and I know she's not allowed to, but she's made it very clear that she believes she has such right.
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Debra, Expert

Couldn't any of you have checked on her room?

Customer
She's been very snappy and rude in regards ***** ***** asking her to not arrive without 24 hours and in trying to avoid another argument with her sparking, but I'm wondering if I should be telling her if we don't consent to her entering the house or if me asking the other night is enough to say no and prove I don't want her here.
Customer
theoretically no because the doors have locks (it's the master bedroom so it has a personal bathroom), but my bedroom is beside hers and the wall with my bed is right beside her bathroom. My landlord could've asked if I heard the tap running and she didn't do that either.
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Debra, Expert

Why don't you send her a letter telling her that you've spoken to a lawyer and perhaps speak to the board first and then say you also spoken to the board and you're well aware of your rights and you will be asserting them if necessary. She needs to be stopped.

Customer
This is so relieving for me and my roommate to hear, you have no idea. I did try calling the board before messaging you but the phone numbers weren't working. I'm not sure if they're closed today or something. If you could direct me to the phone number I should be calling to make sure I have the right one, that would be great.
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Debra, Expert

They aren't closed today but if you don't call as soon as they open you can't get through. It's the nightmare of Covid.

Customer
Figures. I'll be calling them bright and early then. And just to clarify to make sure, even if I'm not home I'm supposed to have 24 hours written notice, correct? I haven't seen anything staying otherwise but for some reason she tries to contact only those she knows is home.
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Debra, Expert

Yes that is correct.

Customer
Perfect. And to clarify about new tenants as well, she is supposed to give as much notice about walking new tenants through but that's as far as the less-than-24hrs reaches?
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Debra, Expert

You can check tomorrow but I think she has to give you the 24 hours written notice because she's not giving a tenant who's moving out the notice rather she's giving it to you.

Customer
Alright. I'll be sure to clarify that with them tomorrow then. I still have a few more questions for you if you don't mind?
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Debra, Expert

Sure.

Customer
I feel like I know the answer to this one, but I still want to 100% clarify. K, who is moving out, has a termination date of January 31st. It was made clear to my landlord the new tenant could move in February 1st. K has a flight home to her family on January 28th, but with the snow she is concerned it might be delayed. The landlord is trying to promise that the new tenant can move in January 28th (they needed a room fast and she was trying to accomodate) but K expressed her concerns of a potential late flight. Landlord is trying to tell her that she would need somewhere else to go. Is she legally entitled to the room until January 31st? And if so, how to we approach the landlord about promising the room?
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Debra, Expert

It's her room until January 31. That's when her rental period ends and she's paid up until that date. The landlord should not have promised the new tenant that room and she can't have it until the first.

Customer
Thought so.
Customer
These are these next two questions are the ones I had no direction on at all. I mentioned that the troublesome tenant gave the keys to a friend as opposed to leaving them with the house. She isn't someone anyone left on good terms with, so when we heard a stranger had keys into the house it became a safety concern. I'm fully aware it wasn't my landlord's fault and she thankfully handled it quick, but once again she only told K because she was the only one home. It why we were shocked and nervous when she showed up the night she did, we were worried she was a stranger. Are situations like these something she is supposed to keep us informed of? I feel like a stranger having fully entry to the home is enough of a safety concern that we should know about it.
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Debra, Expert

I don't think there is any one right answer here. If she took care of it so there is no concern that is likely enough.

Customer
Alright. I am happy it was resolved quick I just wasn't sure if she was supposed to tell us. It is a pretty specific question but I figured to ask.
Customer
Alright, the last one I can think of at the moment is the new tenants. When I saw the advertisement for the space as well as the tenant who moved in September, the advertisement listed that it was with three women and they were looking for another woman specifically. Sadly nothing explicit in the lease says it had to remain a female unit, but we have the advertisement from the other staying tenant with those details. The two new tenants moving in are males, and she hasn't told us herself she is signing in two males (again, heard from K second hand). Is my landlord required to keep it a female unit because it was advertised as such?
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Debra, Expert

Do you mean she advertised the unit as being for women when you were reading the ad for yourself?

Customer
before I signed the lease when I moved in as well as the only other tenant that is staying (I'll call her C), the unit was advertised as having females and was looking for another female to keep the unit one gender. I have pictures of the advertisement from C because she had screenshots, but I don't know if I can recover the old ad for myself. The two new tenants moving in this coming week are male and she has yet to tell either of us directly. She's had an opportunity and told K she would call us and has not.
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Debra, Expert

Well if she promised you that you would be living in an all female rental unit then she has  breached her agreement with you without a doubt. She can't promise you that your unit is going to be all female and then bring in a male a little bit down the road.

Customer
is this perhaps grounds to breach a contract with only the advertisement as proof? Even if it's not written in the lease agreement about being a female unit?
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Debra, Expert

If you want to move out it very well may be. I don't think any adjudicator at the landlord and tenant Board is going to think you have to start living with two men when you agree to rent this unit because you were told it was an all women's unit.

Customer
I was intending on moving back in with my parents at the end of my lease (April 31st) anyways, so yes, I probably will. I wanted to know because when talking with C I suspected it would be a breach of contract and wanted her to keep that in mind and know the option is potentially there. She may not want to, but I will likely take advantage.
Customer
Thank you so so so much, this is all such a weight off my shoulders and I appreciate your help and your patience through all of this. I'll be calling the tenant board in the morning, and I'll likely return to you for any further assistance if something else comes up throughout the week.
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Debra, Expert

I will be here whenever you need me and I would like to hear what the board has to say anyway.

I'm sorry that you're going to school during such a difficult time in this world. I hope you've at least been able to enjoy yourself somewhat.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
Good morning Debra, just letting you know that I've been calling the board all morning but I'm still on hold. I'll tell you what they say as soon as I've spoken with someone.And it sucks, but it's not anyone's fault. Things happen. In the process I've found which friends are more important, what I want to do with my life, and more about myself in general, so in a weird round about way it's a small blessing. I've had a little bit of fun, and everything will feel even more fun when this Covid ordeal is over. Hope you've been staying safe and somewhat sane as well, it's not something easy to accomplish these days.
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Debra, Expert

Thanks for letting me know. It is because of the COVID situation that you cannot get through. Normally you can.

Customer
Finally got through to someone.24 written notice on all situations is required and the entry the other night the is not considered an emergency, so she illegally entered the unit.Sadly, however, she said there is nothing in the rights that states that the unit has to remain female and she has a right to rent to anyone.
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Debra, Expert

I'm not so sure she's right about that last point. These are staff members and they aren't necessarily trained in all of the details. But by the time you were able to get into the board it would be too late to fight her practically anyway.

Customer
She sounded quite bored by our conversation and she was very plain, so she isn't one I would've got away with arguing with. Is there anything else I can do in regards ***** ***** then?
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Debra, Expert

You can make a threat to the landlord that you're going to go to the board if she brings in men contrary to her agreement with you and you can bring an application to the board and see what the adjudicator says.

Customer
She's the type of landlord who would try and call my bluff on that one. You genuinely think I would be able to get away with a breach of contract if I wrote to the board?
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Debra, Expert

Yes I think you might very well succeed if you have a hearing.

Customer
Do you know how a process like that works, what would be required of me, and how long it would take?
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Debra, Expert

It could unfortunately take a very long and so many many months because of the Covid backlog. You would serve the landlord with a notice and bring them to the landlord and tenant Board for the hearing.

I believe you would use T2:

https://tribunalsontario.ca/ltb/forms/

Customer
I've been looking at the T2 form and it's something I would have to think about.
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Debra, Expert

OK

Customer
I'm talking with my father for advice and my roommate that will be here longer than me to see if we wanna go forward with a T2 in regards ***** ***** female living space.
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Debra, Expert

That makes sense.

Customer
I don't know when I'll get back to you with any sort of decision, but if I have any more questions I'll know where to find you.Thank you so much again, I appreciate everything you've done.
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Debra, Expert

You are very welcome.

Customer
Just realized something. Lease has listed under one of the conditions of entry about the unit being abandoned, and section 27 (5) of the Residential Tenancies Act does say for any other reasonable entry specified in the tenancy agreement. I wasn't intending on taking any sort of action on this entry anyways, but should I still say that proper reasonable notice should have been provided to the house? Nothing says she requires 24 hrs for that entry though
Customer
I'm just trying to write an email regarding my rights to my landlord and set boundaries and at first thought the entry upon abandonment would be void, but section 27 does say any other reasonable reason for entry on the lease is allowed.
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Debra, Expert

But she was entering your home and your unit was not abandoned so she can't enter your home without notice. If there was a separate entrance to the bedroom of the other tenant who left that would be a different matter.

Customer
It doesn't specify on the lease whether the entire house has to be abandoned. Full wording of the condition is "the tenant has abandoned the residential premises", and I'm assuming as long as it was on the other person's lease she might be allowed.
Customer
unless the loophole is essentially that because I didn't abandon the premises myself that rule doesn't apply to me and I still need 24hrs?
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Debra, Expert

Yes I am quite sure she has to provide you 24 hours written notice before she enters into the home. She's entering into your home. Your privacy matters. It's her property but it's your home.

Customer
Alright. Thanks again. Email is going well. Do you want me to inform you of her response when I get it?
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Debra, Expert

Yes for sure!

Customer
I sent the email outlining all of my rights regarding the 24 hours. I politely asked for her to give a proper scheduled time to come and do maintenance on the master bedroom tomorrow. I'm unsure if she has read the email yet, but she has just messaged us saying she is going to be here in 30-45. If she's here to do maintenance and hasn't seen the email I'm going to politely direct her to read the email I sent and return tomorrow, but if not and she gets threatening I want to know if I'm permitted to call police. I'm assuming a big yes, I just wanna know what to do
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Debra, Expert

Yes call the police. This needs to end.

Customer
Again, I'm unaware of she's read the email so I will call if she has and the visit is regarding maintenance or the email. Should I have them on call anyways just in case?
Customer
I could ask in a message if she has seen and referred to my email for confirmation
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Debra, Expert

You can do what she likes. She is dishonest and will lie.

Customer
Alright. If she shows up at the door, I'll refuse entry. If she gets aggressive, I'll call the police. I'll see if I can stay on the phone with my father as well just as a comfort and another witness.
Customer
My roommate should be home as well.
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Debra, Expert

That makes sense.

Customer
Glad to hear it. I'll speak to you as soon as she is gone to tell you what happens. I really started to contact you at a perfect time, I can't say thank you enough.
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Debra, Expert

You are so welcome.

I will be offline from about 2:40 - 4:30 or so.

Customer
Alright. Enjoy your break, I will tell you what happens when you're back around 4:30.
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Debra, Expert

No break. Have to pick up a kid!

Customer
Ahh, understandable. Guess it is school time for most. Well wherever you are then, drive safe! Roads are snowy and icy here, it's like that for most right now I assume.
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Debra, Expert

I am in Toronto and they are snowy and icy here for sure!

Customer
Yup, that the would be!
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Debra, Expert

Yup.

Customer
How has Toronto been with covid and everything? I know they have some extra little rules being a big city, I have no idea how strict they've been.
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Debra, Expert

Toronto is a mess. But the schools are opened and according to Ford the whole province will have reduced restriction by February 1 so who knows what will happen next.

My daughter is a paediatrician and she is surrounded by COVID.

Customer
Yeah, no kidding.Landlord entered the house. K was present and I had my phone on speaker with my father on the other side to listen to the conversation. I politely asked if she had read my email and she said no, but she's very busy so I'll do it later. I told her it was very important and I strongly urge her to read it now, and as I was talking to her she scoffed, ignored me, changed her shoes and walked upstairs. I'm going to film a video of her in the house, say today's date, the time she entered, witnesses, and say that it is evidence towards a T2 application in regards ***** ***** right to enjoyment violation due to a lack of proper legal notice. I will fill out an application and put it forward. I gave her plenty of warning and told her I don't consent to her being in the house without notice so I'm taking legal action.
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Debra, Expert

I completely agree. Just leaving now!

Customer
Alright, I will talk with you soon.
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Debra, Expert

ok

Customer
How was the drive? I do have more information but it's only when you're ready really, I'm patient.
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Debra, Expert

I am fine now. Please go ahead. I may take a few minutes but I am here.

Customer
I got my 5 minute video. I was videoing her leaving the house and she felt provoked I guess and tried to argue. She only incriminated herself, really. She never disputed that I asked her to read the email before entering the house and I have two witnesses anyways, so warning was provided. She tried to pull legal and I told her I have that information detailed in the email I sent her and am aware of my rights. She said that because she told me yesterday she was allowed to enter the house, even on short notice (like the 30-45 minute early message), and that the room needs maintenance. I said that she's allowed to enter the house with 24 hours notice but she needs to detail what times she's coming and why. She argued that she said yesterday morning "I told you I'll be in and out between today and Thursday". LTB told me she is supposed to outline a specific time, so I told her that because she didn't do as such she wasn't allowed in. She tried talk over me almost the whole time and I had to stop her a few times to speak, typically the sign of a guilty conscience. She also tried to twist words and "oh, well you're just ignoring the whole 24hr law then" and I said that I had spoken with a lawyer and a LTB rep and they both have supported the information I presented. She tried to guilt me out of filing an application by saying "and what are you going to prove, huh?" And I said that if what I was saying was unlawful then it would fall through and she should have nothing to worry about. She was clearly nervous and defensive, she knows she's out of line. Told me she has a lawyer too but that was after I stopped video taping. Tried to force me to put on a mask but I was six feet away and she wasn't supposed to be in my house anyways. She got mad I called it my house and reinforced "I didn't have right to 24 hours because I rented a ROOM". I stood my ground the whole way, and I can tell she isn't happy.
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Debra, Expert

I am sure you will succeed if you take her to the board. You should remember also, the notice has to be in writing. Her telling you that she's going to come by tomorrow is not acceptable.

Customer
It was over a text message, but it still wasn't very specific on what time. She said "in and out from this afternoon to Thursday". She seemed to forget she had to be specific, and even still she tried to say she would arrive yesterday afternoon. Kinda bummed she didn't, I would've video taped her there too.
Customer
She sent an email after she got home and read mine too. Again, tried to guilt us, said "I was trying to protect you and the house, I didn't know it would be such a big deal!" Said she has never come to the house without 24 hours notice except for Saturday. Every time stamped conversation proves that 24 hours has happened once my entire 9 months of tenancy (the others were 15-20hrs) and she only came cause we consented and it wasn't an inconvenience. If she truly cared for our safety, every member of the house would've been informed of the keys being in the hands of a stranger.She also admitted that she knew troublesome tenant hadn't been seen in the unit for a couple days before Saturday and could've given notice to check in the following day. She instead decided to show up Saturday unannounced after she got those keys from troublesome tenants friend, but she has her own set of keys that she could have used sooner.She used the excuse that she hasn't had the room inspected for about a year (not our fault). Argued, again, that "what if the taps are running or the window was open, etc". She doesn't understand that it isn't classified an emergency, and she still had DAYS to inform us she needed to check the unit.
Customer
She said she called K (which she did) and explained the key situation. Did not tell her she was coming up to the house, and even if she had it wouldn't have been in writing. She told us that she didn't bother to tell Cory and I about what happened because she knew we were away. Still not a good enough reason, we had a right to know. She told us that she knocked on the door, we let her in, and she went to check on the room and only the one room. She still had to walk through the common areas to get there, obviously, it's a typical house. Her words, she said "I didn't force myself in, so it was not illegal entry!" I sent her highlighted sections of sections 25-27 of the Residential Tenancies Act as well as our lease and she still somehow believes it wasn't illegal.As the cherry on top, she said "if you still feel uncomfortable and don't like to cooperate, I can give 24 hours or even more". She's pretending as though we're being unreasonable and offered to give 24 hours like I haven't already requested twice. I'm no longer outlining to her that I require 24 hours because I have done so twice in the last couple days, and any further breach of that will be added to the file. The guilt-tripping was pushed further and said that "the way you guys are handling it in a stressful situation that I had on Saturday is a bit surprising". To double check, a definition of coercion I found (something she is also prohibited against in section 23) is a category guilt-tripping is a part of.She finally sent us a proper message outlining the times she will be entering the house and I said thank you, ***** ***** follow up was commenting that "our interpretations of an emergency are different". I can't express how painfully clear I was in the email, but I can 100% assure you I was and that both a lawyer and LTB rep believed it to be unlawful entry. I can guarantee you I'll be writing a T2 application either tonight or tomorrow morning.So that's my full update of the events over the last few hours. I still believe what you said about being successful in some sort of application, but still getting reassurance I am approaching this correctly and appropriately is welcome. I'm all ears if there's anything else you think I should do in this situation.
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Debra, Expert

Will be successful and what I can tell you is that she is now afraid. I actually think she's going to be perfect going forward. You've scared her and she knows that you're right.

Customer
Glad you were seeing the same thing. I should be good for a little while but I'll come back I'd there's any more questions over the next few days or if something comes up. Enjoy the rest of your evening Debra, thanks again.
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Debra, Expert

The way this will have to work is I will have to complete the question now or tonight as the site requires it but then you could just post a new question and put my name into the question so I'll be the one to answer. That will actually help me because I only get paid once per post.

Customer
Ohhhhh. I'm so sorry, you should've said sooner and I would've happily done it that way.
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Debra, Expert

It's OK. We're really not allowed to!

Customer
But I've sucked up enough of your time to warrant doing it once or twice frankly. I'll be sure to end it now then. If you don't hear from me then just one big final thank you. I don't know what I would've done without your help these past couple days.
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Debra, Expert

You are very, very welcome.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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