Your Right to Privacy
The RTA has several rules to protect the privacy of tenants. A landlord can enter a rental unit only in the following circumstances:
- A landlord can enter a unit without written notice if there is an emergency or if the tenant consents to the entry at the time of entry
- After either a landlord or a tenant has given a notice of termination, the landlord may (after notifying or attempting to notify the tenant in advance) enter a unit without written notice between 8 a.m. and 8 p.m. to show the premises to potential tenants
- A landlord may enter a unit, after providing 24hrs written notice and between the hours of 8 a.m. and 8 p.m. To do one of the following:
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- make repairs or do work in the unit
- allow cleaning staff to clean the common areas, if stated in the lease
- allow a potential mortgagee, insurer, or purchaser to inspect the premises
- for any other good reason as set out in the lease
Number of Housemates
If you would like to add another housemate to the bunch, the RTA does not prohibit a tenant from taking any additional housemates, so long as the number of persons continuously occupying the premises does not violate housing, safety, or health standards or any other by-law. (Check with the City of Hamilton by-law office for more information). In other words, your landlord cannot charge you an extra $75 a month for your friend to live there. If the new housemate regularly pays rent directly to the landlord, an implied tenancy may be created. Otherwise, the new housemate may have no relationship with the landlord and may be dependent solely on their agreement, often verbal, with the existing tenants (thus constituting a sub-tenancy). In no event can the landlord increase the rental payments during the term of the lease based upon the number of occupants.
The Party Problem
If your housemates have wild parties and have already been warned by the landlord that they will take steps to evict you if it happens again, the landlord may give notice of termination of tenancy. This can be done if the conduct of a tenant, another occupant of the rental unit, or a person permitted into the residence is such that it “substantially interferes” with the reasonable enjoyment of the residential premises by the landlord or another tenant.
Furthermore, the landlord may be able to take legal action if the excessive noise is bothering the neighbours, which could violate noise by-laws.
Locks
A landlord can change the locks only if they supply a key to the tenant. A tenant cannot change the locks without the landlord’s consent. A landlord is not required to put a lock on each bedroom door. You are best to inquire with the Hamilton Property Standards Office for details.
Guests
A landlord cannot interfere with a tenant’s reasonable enjoyment of a rental unit for all usual purposes. As well, a landlord cannot harass, obstruct, coerce, threaten or interfere with a tenant.
Pets
The RTA provides that a provision in a lease prohibiting pets is of no effect. However, it may still be a problem if your pet is substantially interfering with the reasonable enjoyment of the premises or is a dangerous breed. You may also run into trouble if the landlord or another tenant has serious allergies and is being affected by your pet. As well, local by-laws may prohibit certain species or limit the number of pets permitted. A landlord may evict a tenant with a pet under certain circumstances.
Landlord Rights
The RTA provides that tenants will not “harass, obstruct, coerce, threaten or interfere” with the landlord. Conduct that substantially interferes with the reasonable enjoyment of the premises by the landlord or other tenants, or which impairs the safety or other rights of other tenants may be grounds for eviction under the RTA. As well, the RTA contains a list of offences committed by the tenant, that may be reported to The Investigation Unit of the Ministry of Municipal Affairs and Housing. These offences include changing the locks without the landlord’s consent and interfering with a landlord in the exercising of his/her rights under the RTA.
