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One of our trusted landlords recently submitted a question . The “Ask a Paralegal” service is available at no cost, allowing landlords to pose questions around the clock. Responses will be provided via email and made available on our website for the benefit of all landlords.
QUESTION:
Would the exchange below have constituted an emergency under the RTA that would qualify for entry without notice? Or can there be grounds by the tenant to claim that entry was without consent? How is a landlord supposed to know, or are they simply supposed to take a chance and hope for the best?
P.S. Note that the RHEU was contacted to get involved to resolve this matter.
P.P.S. Though the RTA stipulates a minimum indoor temp of 20 deg all year round, Toronto bylaw requires a min of 21 deg. The tenant claimed the temp of 19 deg for a couple of nights was freezing, though daytime it was 21+. Outdoor temp ranged from a high of 18 to a low of 0 deg one night.
ANSWER:
Under the RTA, landlords may enter a rental unit without notice in the event of an emergency. An emergency is generally defined as a situation that poses an immediate risk to the safety or health of occupants or the property.
In the scenario you’ve described, the tenant’s claim of an indoor temperature of 19 degrees for a couple of nights may not meet the threshold of an emergency as outlined in the RTA. While maintaining a minimum temperature is important, the context—such as the temperature fluctuations during the day—would be considered. If the heating issue was not posing an immediate risk to health or safety, it may not constitute an emergency justifying entry without notice.
Tenant’s Grounds for Claiming Lack of Consent
If a landlord enters a unit without providing the required notice and without an established emergency, the tenant could potentially claim that the entry was without consent. The RTA mandates that landlords give 24 hours written notice before entering a unit for non-emergency reasons. Thus, the tenant could argue that their right to quiet enjoyment was violated.
Landlord’s Knowledge and Responsibilities
Regarding how landlords are supposed to navigate these situations, they must take reasonable steps to ensure compliance with the RTA. This includes being aware of the legal definitions of emergencies and the appropriate protocols for entry. If there’s any uncertainty about whether a situation qualifies as an emergency, it would be prudent for the landlord to provide notice before entering, rather than risking a claim of unlawful entry.
Conclusion
In summary, based on the information provided, the situation may not constitute an emergency under the RTA. Therefore, entry without notice could be seen as a violation of the tenant’s rights. It would be advisable for landlords to err on the side of caution and follow the notice requirements unless there is a clear and imminent threat.
If the Residential Housing Enforcement Unit (RHEU) is already involved, they may be able to provide further guidance on this specific matter.
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