Avoid This Frustrating Access Dispute

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This was a new one for me.

I was representing a landlord who owned a condo that was tenanted on a month-to-month basis and was preparing to list it for sale.

My client prepared a Notice of Entry for their Realtor to evaluate the unit, take measurements, note the condition, and prep for listing.

But the Tenant denied the notice.

They wrote back saying the reason for entry didn’t fall under Section 27(1) or (2) of the Residential Tenancies Act.

My first instinct was the LTB must be interpreting this section broadly enough to allow a Realtor access to prepare a listing.

So I did some research. And here’s what I found:

the Landlord’s Real Estate Agent cannot enter to take measurements to prepare the rental unit for proposed sale under subsection 27(1) of the Act.

section 27 of the Act does not permit the Landlord or their real estate agent to enter the unit to measure and videotape the unit to market it for sale.

Now, I get that this isn’t the most common issue. In practice, I’ve seen this type of entry allowed virtually every time... until now.

But it’s a good reminder of a simple fix that can avoid this kind of needless dispute.

Add a clause like this to your Additional Terms:

In addition to the conditions for entry set out in s.27 of the Residential Tenancies Act, and pursuant to s27(1)5 of the Act, the Landlord may enter a rental unit under the following circumstances:

1. To allow their Realtor, or someone acting on their behalf, to take general marketing photos for listing the unit for sale or rent, as long as the photos do not include identifiable personal items or information about the tenant.

2. To allow their Realtor or other professional to conduct a market valuation of the rental unit or building, take measurements, and carry out any other tasks necessary to prepare the property for listing for sale.

3. To check for illegal activity, damage, or the general condition of the unit.

4. To determine if the unit has been abandoned.

And don’t be afraid to include more.