What to know
- Tenants in Michigan allegedly caught their landlord having sex in their rental unit while they were away.
- An Ontario legal expert says similar behaviour in the province could amount to a serious violation of a tenant’s privacy and right to “quiet enjoyment.”
- The expert adds that landlords in the province must provide 24 hours’ notice before entering a rental unit and can generally only do so between 8 a.m. and 8 p.m., except during emergencies.
- Tenants may be able to seek rent abatements, terminate their lease early or pursue fines of up to $35,000 through the Landlord and Tenant Board if landlords unlawfully enter or violate privacy rules.
A Michigan landlord was allegedly caught on camera having sex on a tenant’s couch, but what would happen if something similar occurred in Ontario?
An Ontario lawyer says landlords in the province are generally required to provide notice before entering a rental unit and could face significant penalties for engaging in similar conduct.
According to FOX 2 Detroit, a Michigan couple allegedly found their landlord walking naked in their home and having sex with an unknown woman on their couch.
They told the media the incident allegedly happened while the landlord had come over to carry repairs on the home while they were away.
The couple found out about the alleged incident through a security camera app on their phone, which kept sending them notifications while the landlord was over.
What Ontario law says about landlord privacy rights
Although this specific incident happened in Michigan, Douglas Kwan, a Director of Advocacy and Legal Services at Advocacy Centre for Tenants Ontario (ACTO), told Now Toronto that a similar situation in Ontario could amount to a serious violation of a tenant’s right to privacy and “quiet enjoyment,” a legal principle that protects renters from unreasonable disturbances or intrusions inside their home.
Even though the landlord in the Michigan case was on site doing repairs, in Ontario, landlords are generally required to provide 24 hours written notice before entering a rental unit. They can also only enter between 8 a.m. and 8 p.m.
“[Landlords] also explain why they need to enter the unit, and the reasons to enter it are very, very much restricted to, and must be connected to one of their obligations, such as ensuring that the property is well maintained,” he said.
According to Kwan, a landlord might be allowed into the unit without notice only in case of emergencies, such as a fire or flood.
In addition, the lawyer pointed out that landlords are also not allowed to install cameras inside of the unit, where privacy is expected.
“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 said, adding that, in contrast, landlords are allowed to install cameras outside the home.
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On the other hand, Kwan says tenants should note the rules might be different for those living in condos or community housing, given that those might have their own entry notice rules, which may vary from the standard lease.
What tenants can do if a landlord enters illegally
Kwan said he would recommend any Ontario tenants that find themselves in similar situations to escalate it to the Landlord and Tenant Board (LTB).
In case the landlord enters unnoticed or breaks any expectations of privacy, they might need to reimburse the tenant for a part of their monthly rent or even the full amount, depending on the nature of the case.
They could also face fines up to $35,000 depending on the behaviour.
“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 said.
In addition, tenants might also be able to request the board to end their lease agreement early depending on the situation. To do that, Kwan says they’d have to file a T2 form with the LTB.
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