0

Someone I know has pre-existing medical condition, has rented condo in Toronto from same landlord for 3 years, and keeps it clean and tidy. She always pays rent, never late. Her landlord last inspected it Sept. 2019. He insists on inspecting it this month, because it's over a year.

I quote relevant info from this Oakville, Ontario law firm's website:

Other than genuinely necessary maintenance and urgent repair concerns, common sense dictates that interactions be avoided and that unless entry is crucially necessary, entry into a rental unit be avoided. Furthermore, and while presently it appears that the law remains without a precedent decision of the Landlord Tenant Board, the recent injunction case to stop contractors hired by a condominium unit owner from performing renovation work due to concerns for other residents within the condominium complex appears to show that the justice system will favour the desire of residents to avoid health risks. As was said in the case of York Condominium Corporation No. 419 v. Black, 2020 ONSC 2098 [at paras. 1, 5, 6]:

[1] I heard counsel for the applicant and Ms. Black at an urgent case conference this afternoon on very little notice. As set out in my initial endorsement:

[1] The applicant condominium corporation sues for an order requiring the respondents to stop renovating their condominium unit. The condominium corporation asks for an urgent injunction prohibiting the respondents from having third party trades people attending in the building on an interim basis during the global COVID-19 pandemic. There is also an issue as to whether the renovations are being properly conducted in accordance with the condominium’s declaration, by-laws, and the applicable law.

[2] This is a matter of great urgency. A majority of the condominium building’s residents are seniors.

.....

[5] On consent therefore, the application is adjourned until June 1, 2020 to be spoken to. There will not be a full hearing that day. Rather, the case will be re-scheduled along with all of the other cases that are being deferred due to the pandemic.

[6] As a term of this adjournment, the court orders, on consent, that the respondents allow no one to enter into their condominium unit until further order of the court. This order does not preclude the parties from authorizing entry upon the external patio and yard exclusive use common areas This order also does not apply to government first-responders who may enter the unit in the event of an emergency. If the applicant wishes to exercise a right to enter the unit, if it has such a right, then the parties are to attempt to reach agreeable terms for such a visit or seek a case conference with judge to help them do so.

I omit some intermediary paras.

Similarly, and specific to inspections, among other things, the Government of Ontario is urging that landlords seek to enter a rental unit only where urgently necessary. Specifically, the government says:

"During this unusual time, patience and understanding from landlords and tenants is necessary to help stop the spread of COVID-19. Landlords are encouraged to request entry only in urgent situations and to follow physical distancing guidelines."

That same Gov. of Ontario website also says:

Landlords are subject to the Human Rights Code and have a duty to accommodate tenants under protected grounds, including people with disabilities. For example, conducting an in-person showing when a tenant has an immune-compromising condition could lead to a complaint under the Code.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.