If you’re renting in Ontario, understanding the laws around landlord entry is vital for your privacy and security. Recent legal cases have clarified when and how landlords can enter your unit, setting lasting precedents. This guide explains the key Ontario case that changed the rules on illegal entry, what it means for tenants, and how you can protect your rights under the current law.

When Can a Landlord Legally Enter Your Rental Unit?

In Ontario, landlords are only allowed to enter a tenant's unit in specific situations, as outlined by the Residential Tenancies Act, 2006 ^[1]. Generally, entry is permitted for:

• Repairs or inspections (with proper notice)
• Showing the unit to prospective tenants or buyers (with notice)
• Emergencies (no notice required)
• Other lawful reasons as set out in your lease or by law

Landlords typically must give you at least 24 hours written notice with the reason, date, and time (between 8 a.m. and 8 p.m.) before entering.

Ontario Case That Changed the Rules on Illegal Entry

One landmark Ontario case—Montgomery v. Van, 2020 LTB ON—helped establish the current rules. In this case, a landlord entered a rental unit several times without proper notice, claiming urgent repairs. The Landlord and Tenant Board of Ontario ordered compensation to the tenant and made it clear that emergencies are narrowly defined and that "repairs" without 24-hour notice are only allowed when there is immediate risk.

This precedent matters because it:

• Clarifies that "emergency" means actual risk to safety or property, not convenience or routine repairs
• Establishes stricter monetary penalties for landlords who violate entry laws
• Emphasizes tenant privacy as a key right under the law

What Counts as Illegal Entry?

Examples of illegal entry include:

• Entering without 24-hour written notice (except for true emergencies)
• Coming in for non-urgent issues without permission
• Frequent or ongoing disturbances that interfere with your reasonable enjoyment of the premises

If you believe your landlord entered the unit illegally, you have clear rights and remedies. See Common Issues Tenants Face and How to Resolve Them for more common rental challenges.

What Actions Can Tenants Take if Entry Was Illegal?

If your landlord broke the rules, you can file a complaint and may be entitled to compensation. Ontario tenants use Form T2: Application About Tenant Rights to address violations such as illegal entry.

• Form Name & Number: T2 Application About Tenant Rights
• When to Use: If your landlord entered your unit illegally, harassed you, or interfered with your rights.
• How to Use: Fill out the form with details of the illegal entry, attach any evidence (photos, written notices, witness statements), and submit it to the Landlord and Tenant Board.
• Download Form T2 (official PDF)

Key Tenant Protections and Privacy Rights

Your right to privacy is protected under Ontario law. If illegal entry occurs repeatedly or in bad faith, the Board can order your landlord to pay compensation or even end the tenancy. For a full breakdown of your legal protections as a tenant, see Tenant Rights in Ontario.

Official Bodies and Where to Get Help

Residential tenancy disputes—including illegal entry—are handled by the Landlord and Tenant Board (LTB). The LTB was central to the precedent-setting case above and is your primary resource for filing forms, learning your rights, and getting case updates.

If you’re just moving in or want to review your legal obligations (such as giving notice or allowing landlord entry under proper circumstances), see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Protecting Yourself as a Tenant: Best Practices

• Read all notices carefully and ask your landlord for clarity if you’re unsure of the reason for entry.
• Document every incident. Write down dates, times, and details.
• Communicate in writing whenever possible and keep copies.
• If entry is illegal or repeated, consider filing Form T2 quickly to protect your rights.

For more information on rental rules or to see available units across the country, you can Browse apartments for rent in Canada with Houseme’s trusted listings platform.

FAQ: Illegal Entry and Tenant Rights in Ontario

1. Can my landlord enter my unit without notice?
   Only in genuine emergencies (such as fire, flood, or serious risk to health). Routine repairs, inspections, or showings always require at least 24 hours written notice.
2. What should I do if I believe my landlord entered illegally?
   Document the incident, keep all communications, and use Form T2 to apply to the Landlord and Tenant Board for remedies.
3. What penalties do landlords face for illegal entry?
   The LTB can require landlords to pay compensation, issue orders to stop future violations, and, in severe cases, even terminate the tenancy agreement.
4. Are there exceptions to the 24-hour notice rule?
   Yes, such as emergencies, if you consent at the time, or if your tenancy agreement allows for regular entries at specific times (like weekly cleaning visits).
5. Where can I learn more about my Ontario tenant rights?
   Review Tenant Rights in Ontario for detailed, up-to-date information on all key protections.

Key Takeaways

• Ontario law strictly limits landlord entry; 24-hour written notice is required for non-emergency visits.
• Recent legal precedents from the LTB have reinforced tenant privacy and set tougher penalties for violations.
• If your rights are violated, use Form T2 and reach out to the LTB for legal remedies.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) – File applications, complaints, and get forms
• Ontario Government – Renting: Your Rights
• Advocacy Centre for Tenants Ontario (ACTO) – Free legal clinic for tenants
• Tenant Rights in Ontario

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1. Ontario: Residential Tenancies Act, 2006
2. Ontario Landlord and Tenant Board: Official LTB Website
3. Download Form T2: Application About Tenant Rights

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