Can My Landlord Show My Apartment to Buyers With 24 Hours' Notice in Ontario?
Yes, a landlord can show a rented home to a potential buyer, but only after giving at least 24 hours' written notice. The notice must give the reason, date and time, and entry is allowed only between 8 a.m. and 8 p.m.. The person entering can be the landlord or a registered broker or salesperson the landlord has authorized in writing.
Showing the unit to prospective tenants is different. Once the parties have agreed to end the tenancy, or a notice of termination has been given, the landlord may enter without written notice. Entry must still be between 8 a.m. and 8 p.m., after the landlord informs the tenant or makes a reasonable effort to. A lease cannot override these rights, because the Residential Tenancies Act, 2006 applies despite any agreement or waiver, and a conflicting lease term is void.
A sale does not end a tenancy, because a buyer of a tenanted property takes it subject to the existing tenancy and its terms. A notice to end the tenancy does not end it by itself. If the tenant stays, the landlord must apply to the LTB, and only the Sheriff can enforce an eviction order.
Key takeaways
- To show your unit to a potential buyer, the landlord needs to give at least 24 hours' written notice stating the reason, date and time.
- Entry for a showing must be between 8 a.m. and 8 p.m., and only the landlord or a registered broker or salesperson authorized in writing may enter.
- Once a termination notice is given or an agreement to end the tenancy is made, showings to prospective tenants need no written notice, but the landlord must still inform you or make a reasonable effort to.
- A lease cannot waive these rights, a buyer takes the property subject to your tenancy, and only the Sheriff can enforce an eviction order.