Landlord’s Access to Tenant’s Premises for the Sale

Landlord’s Notice for Showings to Prospective Purchasers

How does the Landlord gain access to the Tenant’s unit if he wants to sell the property?

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.27     

Entry with notice

(2)  A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.

Contents of notice

(3)  The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

In addition, there is an authorization under s.26 which permits the Landlord to show the premises upon the Tenant’s consent.

Entry without notice

Entry without notice, emergency, consent

26.  (1)  A landlord may enter a rental unit at any time without written notice,

(a) in cases of emergency; or

(b) if the tenant consents to the entry at the time of entry.

It is important to follow the rules. If you have you property listed “for sale” and need to show the tenant’s unit to prospective purchasers, please bear in mind that this will be an inconvenience at the best of times, even with 24 hours’ notice.

There is nothing to say that the tenant has to be polite, hospitable, or clean up for you. So, perhaps a nice discussion before you are about to list your property and a good bottle of wine wouldn’t hurt either.

Ask your tenant if you can send over a professional photographer. That way, the actual number of “live” showings will be reduced and only the serious prospect will need to have a look.

When obtaining a listing for the property, an agent would be wise to obtain an “authorization” from the owner. This way, the agent may then deal directly with the Tenant.

Brian Madigan LL.B., Broker

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