Question:

Can a landlord enter an apartment when it's vacant even though the lease hasn't expired?

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I'm suppose to be transferring from one apartment to another in the building that I live in for September first. The tenants who occupied the apartment that I'm suppose to move into have left early even though their lease hasn't expired yet. Can the landlord enter the apartment even though the lease hasn't expired? The apartment is suppose to get painted and fixed up before I move in, but I'm told that because of the lease the Landlord can't enter till the lease is up. Is this true? The apartment is empty and no one is there. It would be great if the place can be fixed before I move in since it's empty now. Help would be appreciated cause I'm not familiar with the laws in Ontario.

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5 ANSWERS


  1. I think that the landlord should be able to; however, I am not sure. You can try looking up the information on these websites, maybe your question will be answered there?  


  2. This is a tough one because you don't know the exchange between the landlord and tenants. If the tenants are nice they'll say go ahead but likely they're dodging his calls which means that if they're still the official occupants and they're not letting him in, he cannot go in unless there's an emergency - they don't have to be there at all it's still their unit. Ontario is a very tricky one and the laws are not fun for the landlord but they are there to protect the tenant.

    Trust me, if he's like us he wants to get this done and get the apartment ready. They could sue him if he does.

  3. IF the intent is for the previous tenant to not return, the unit

    can be entered.  IT is called abandoned.  there is legal and

    illegal; legal if it was told to the landlord that the tenant was

    leaving early and had the exit walk through.  Illegal if the tenant

    just left in the "middle of the night" without submitting

    their 30 day notice and the 30th day was reached.

    if legally left, you can enter if you have signed a new lease on the

    new unit--or for inspection.


  4. The landlord can enter now if he really wants to.

  5. The fact that they are no longer living there doesn't change the fact that they have paid for the place. According to law the landlord can't enter without the tenants permission unless he gives 24 hour notice or in case of emergency. (Water leaks etc.)

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