Tenant Act Question

[SJ1001]

My landlord sent me a letter saying my apartment has to be available for viewings from 5-8pm every day, and that he won't give me any other advance notice of when the actual viewings will be. Needless to say, that's kinda inconvenient. For now, the "store" is closed during those hours, but can I insist that he give me notice anyway?

The tenant act says that I need to be leaving (I am; thanks for the house-buying advice btw. i love my new house), that showings must take place between 8am and 8pm and that he needs to make a "reasonable effort" to let me know. He said that because I don't answer my phone every time he calls, this counts as a reasonable effort.

 

[a 1 player]

I do not know, but I would doubt that he has appointments booked every day between those times, therefore putting you in an inconvenience. I would ask him which days the viewings are to take place and to have him give you a call when they are on their way up. That way you only have to leave your apartment for a minimal amount of time.

 

[hunter001]

I am not sure if he can insist but you might suggest that if he doesn't you can't gaurantee the appartment will be in a state that is suitable for viewing...

 

[SJ1001]

There are not viewings every day, but he has said that he won't be telling me when they are. Hence the inconvenience, since I have to keep it available every day, whether there is a viewing or not.

Hunter, I have thought of that, but I was hoping to avoid making threats, if the option of just telling him he has interpreted the law wrong exists. Thanks though.

KWI, that's what I thought, and what I told him in the first place. So he sent a letter today with his new plan and a copy of that section of the tenant act with "reasonable effort" highlighted.

 

[a 1 player]

I would make sure he provides you with the 'when' details, otherwise I would not leave. Having you leave when there is no booking is bullshit.

 

[hunter001]

Hunter, I have thought of that, but I was hoping to avoid making threats, if the option of just telling him he has interpreted the law wrong exists. Thanks though..

Well it really isn't a threat more of a reality. The idea is cooperation and respect. They respect you space and you make the place so it shows well.

 

[hunter001]

I know you have a friend with a really large dog... That you might be able to borrow for a couple of hours.

 

[a 1 player]

play a really loud vocal porno the next time he shows the place that he can hear through the door and says, "sorry, should have let me know 24 ahead of time. I thought today was another no show day!"

Brilliant idea.

 

[KBear]

The landlord may enter the unit to do showings.

About 2/3 down the page

About Entering the Rental Unit
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111677.html

 

[SJ1001]

If not, take Hunter's approach but I would, and this is just a personal thing, play a really loud vocal porno the next time he shows the place that he can hear through the door and says, "sorry, should have let me know 24 ahead of time. I thought today was another no show day!" Hehehehehe

HAHAHA.. awesome.

Don't worry to much tho, you will be out of there soon enough.

omg I'm so excited.

Hunter, you do have a point, and I will be sure to remind him of that. It is a gorgeous apartment, and I'd hate for my empty timmy's cups and dirty pjs to distract from its beautiful feature because I didn't have time to clean... I think I will suggest leaving a note or message, whether I'm home to answer or not, or face a house full of me and Tanya eating take-out and watching loud porn with her giant dog (that's starting to sound like fun...)

***
Edit:
"Entry to show rental unit to prospective tenants

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3)."

This is the section that concerns me and my landlord right now. Written notice is not required, but our interpretations of "reasonable effort to inform the tenant of the intention to do so" are differing.

 

[fuji]

Unfortunately the act is ambiguous. It simply says that the landlord must give "reasonable" notice. If the landlord does not then it is "illegal entry" and the landlord can be charged. The act does not discuss what "reasonable" means and you would need to discuss it with a lawyer who specializes in this area to be sure.

What you could do is this: Write a letter back to the landlord informing him that you will refuse to provide access unless you are given reasonable notice, that he has not given you reasonable notice, and that if he attempts to enter illegally you will call the police and have him and his prospective tenant charged with illegal entry.

Whehter that would stand up in court or not only a specialist in this area could tell you, but that should certainly get his attention.

Your next move should be to offer something very reasonable as a solution to the dispute--such as telling him if he calls and leaves a message on your phone giving you an hours notice you will make the place available to him at any time during the day, and that you will commit to it being clean enough to show. (Or some other reasonable offer if that particular one doesn't work for you.)

Generally when negotiating take a very hard line initially and then make a reasonble compromise offer.

(The usual 24 hour rule does not apply now that you have terminated the agreement, he simply has to give "reasonable" notice, whatever that is.)

 

[SJ1001]

Hi Fuji,
Thanks, I was hoping to discover whether any definition of reasonable existed. I will do as you suggest in negotiating, and use KWI and Hunter's suggestions for a reasonable compromise.

Is there any question TERB can't answer?

 

[papasmerf]

SJ

before you do anything unreasonable that would make the apartment untenable or purposely show poorly. if your landlord can prover that in court they can get additional rent from you for the period it takes them to rent it. When I had a bunch of apartments I would figure 15 days between tenants.

 

[hunter001]

SJ

before you do anything unreasonable that would make the apartment untenable or purposely show poorly. if your landlord can prover that in court they can get additional rent from you for the period it takes them to rent it. When I had a bunch of apartments I would figure 15 days between tenants.

Of course all the landlord has to do is stop being a dick.

 

[papasmerf]

Of course all the landlord has to do is stop being a dick.

Agreed
to me I always felt reasonable notice to be an hour or two.

 

[hunter001]

Agreed
to me I always felt reasonable notice to be an hour or two.

I think most would be happy with that...

 

[SJ1001]

I want them to be able to rent it.. but he knows I work from home, and that I need notice to make sure my apartment is not occupied during a viewing. Taking a forced break from work, whether its needed or not, for three hours every day is a little excessive when a message on the answering machine is all I need to make it shiney clean and people-free.
I didn't know I could be charged rent if they can't rent it though.... I think I'd better tidy up a bit...

 

[Larry_Fyne]

Of course all the landlord has to do is stop being a dick.

Why is the landlord a dick?

he has to give reasonable notice, it appears that he has tried to do so via phone but there is not always an answer. He therefore has covered his a$$ and said that showings will occur during a particular time period. He may not know 24 hours in advance that there will be a showing (if he gets a call in the morning and they want to see it that evening). I think he is being reasonable. Advice about dogs, and not having the place persentable are malicious and can only back fire.

 

[hunter001]

Why is the landlord a dick?

he has to give reasonable notice, it appears that he has tried to do so via phone but there is not always an answer. He therefore has covered his a$$ and said that showings will occur during a particular time period. He may not know 24 hours in advance that there will be a showing (if he gets a call in the morning and they want to see it that evening). I think he is being reasonable. Advice about dogs, and not having the place persentable are malicious and can only back fire.

Are you here landlord... ?

It is just common courtesy to call and say there is a viewing an hour from now (for example). If she picks up or not is her problem... It takes almost no time and effort on her part and it make it easier for everyone.

The dog this was more of a joke than anything as I know she is friends with Tanya. It was also an illustration of what someone might say do so that their might be mutual respect on both sides.

 

[GOLEAFSGO67]

Lets Not Forget

he has a key..he will let himself in.

And YES ..he can go in.

He HAS given notice. He does not need to give notice EACH time...just have to give notice at least 24 hrs ahead.

What he has done is..starting today..given 24 hr notice...48 hr notice..72 hr notice.

He is covered. Just keep it tidy..and step out if he shows up with new tenants.

I think it fair that he has narrowed the time. He probably arranges prospective clients during those times. It would really only mean a stretch break for you if a client showed up for a few minutes.

Roll with it man. Keep it tidy...Its not that onerous!!! No need to sweat it and get your knickers in a knot! You should be packing neatly anyway!!!