What to know
Tenants in Michigan reportedly caught their landlord engaging in sexual activity in their rental unit while they were away. An Ontario legal expert claims similar actions in the province could be a serious breach of a tenant’s privacy and right to “quiet enjoyment.” The expert mentions that landlords here must give 24 hours’ notice before entering a rental unit and can typically only do so from 8 a. m. to 8 p. m., except during emergencies. Tenants may have the option to request rent reductions, end their lease early, or seek fines up to $35,000 through the Landlord and Tenant Board if landlords enter unlawfully or violate privacy laws. A Michigan landlord was reportedly filmed having sex on a tenant’s couch, but what would happen if something like that took place in Ontario? An Ontario lawyer states that landlords in the province are generally obligated to provide notice before accessing a rental unit and could face serious consequences for similar behavior. According to FOX 2 Detroit, a couple from Michigan allegedly discovered their landlord walking around naked in their home and having sex with an unknown woman on their couch. The couple informed the media that this incident supposedly occurred while the landlord was there for repairs while they were out. The couple learned about the alleged event through an app linked to their security camera, which kept sending them alerts while the landlord was present.What Ontario law says about landlord privacy rights
Even though this particular case happened in Michigan, Douglas Kwan, Director of Advocacy and Legal Services at Advocacy Centre for Tenants Ontario (ACTO), told Now Toronto that a similar scenario in Ontario could represent a significant violation of tenants’ privacy rights and “quiet enjoyment,” which is a legal principle meant to protect renters from unreasonable disruptions or intrusions within their homes. Even if the landlord in the Michigan situation was doing repairs onsite, landlords in Ontario generally need to provide 24 hours written notice before entering any rental unit. They can also only access properties between 8 a. m. and 8 p. m. “[Landlords] also explain why they need to enter the unit, and the reasons for entry are very much limited to being related to one of their obligations, such as ensuring proper property maintenance,” he noted. Kwan added that landlords might be allowed into units without prior notice only during emergencies like fires or floods. The lawyer also emphasized that landlords cannot install cameras inside units where residents expect privacy. “Landlords can’t put cameras into their own rental units to spy on their tenants because there’s an expectation of privacy in your own home,” he stated, noting that landlords are permitted to set up cameras outside properties instead. Read More Kwan pointed out that tenants should keep in mind rules might differ for those residing in condos or community housing since those places may have specific entry notice regulations differing from standard leases.What tenants can do if a landlord enters illegally
Kwan advised any tenants in Ontario who find themselves facing similar issues should bring it up with the Landlord and Tenant Board (LTB). If landlords enter without permission or infringe upon privacy expectations, they might need to compensate tenants with part or all of their monthly rent based on each situation’s specifics. The fines could reach up to $35,000 depending on what occurs. “For something connected to that video, a fine might very well be warranted because it just shows flagrant disrespect for the right of quiet enjoyment for the tenant who’s living there,” he remarked. Addtionally, depending on circumstances, tenants may ask LTB for permission to terminate their lease early. To initiate this process, Kwan mentioned filing a T2 form with LTB is necessary. Read MoreSource link
