Owner’s access to property depends upon exactly what was rented to tenant

Q: I own a house that I am renting to a very private man. He has put up dark curtains to cover every window, the neighbours never see him – or anyone else – coming or going from the house, and he only communicates through email. The other day I was at the property to look at renovations needed to the outside of the house. The tenant sent me an email insisting that I have to give notice to even set foot on the property. I am not asking to come inside. In fact, I haven’t entered the house since he rented it. What is the rule on going onto the outside of the property?

A: The answer to your question depends largely on what exactly you have rented to the tenant.

If the tenancy is for the house and the whole lot on which it sits, then the tenant is largely correct from a legal point of view. However, leases sometimes address what is included in the tenancy. For example, a lease might say, “the house at 123 Elm St. except for the back room in the basement, which the landlord reserves for his own storage.” If your lease reserves part of the property for your use, then it is not for the tenant’s exclusive use, and you can access that part of the property for prop- erty-related reasons.

If under the tenancy agreement, you are to cut the grass, then it is probably legal for you to go on the property to organize exterior repairs without notice. Advance notice would still be a courtesy on your part, and formal notice (24 hours in writing) certainly needs to be given for any actual renovation work itself.

If no indication of non-exclusivity is present, then you should be giving 24 hours written notice to the tenant before going into the back and sides of the property.

However, the legal situation is probably different with respect to the front yard and the porch. Usually, those areas are visible and accessible from the street; a person off the street can access those areas. It would seem odd to say that you, the owner, have less right to enter those areas than a member of the public does.

As well, the Residential Tenancies Act allows notices to be served by sliding them under the door. Therefore, you certainly have the right to walk up to the door to serve the notice.

It is advisable to enter the house on at least an annual basis to do an inspection of the house. The purpose of an annual inspection is to determine whether or not the rental unit is in a good state of repair, has working smoke alarms, and complies with health, safety, housing and maintenance standards. Even if the tenant does not ask you to attend, you are much better off to do proactive annual inspections so as to discover and fix minor problems before they turn into major ones.

It could well be that your tenant’s concerns for privacy are related to a disability. In that case, you are obliged to accommodate that disability to the point of undue hardship, and you should try to make arrangements with your tenant in advance before going on the property, even if it is just to the front door.

However, it is also possible that the tenant’s demand for privacy is due to wrongful activity taking place in the house. If that is the case, you will be very glad to have given notice to enter the house.