How to Conduct a Compliant Unit Inspection While Tenants Are in Place
The notice requirements and the practical limits on what an inspection can actually involve while a tenant still lives there.
The notice requirements and the practical limits on what an inspection can actually involve while a tenant still lives there.
The Residential Tenancies Act generally allows a landlord to enter an occupied rental unit to inspect its condition, but only for a genuine purpose recognized under the Act, and only following the proper notice process. A routine, periodic inspection to check the general state of repair is generally an accepted reason, as is confirming the unit's condition before carrying out planned maintenance or before a renewal. What isn't generally accepted is entry used as a pretext for something else — checking up on a tenant personally, intimidation, or entering so frequently that it starts to interfere with the tenant's reasonable enjoyment of the unit. Reviewing our overview of landlord entry and tenant privacy before scheduling an inspection is generally a useful way to confirm the planned visit fits within what the RTA actually permits.
It also helps to separate a condition inspection, which this guide focuses on, from other kinds of entry that follow different rules — showing the unit to prospective tenants or buyers, carrying out an already-scheduled repair, or responding to an emergency each have their own considerations, even though the same basic 24-hour written notice principle generally underlies most of them. Treating each visit according to its actual purpose, rather than using one blanket "inspection" label for everything, generally keeps the paperwork and the tenant relationship clearer.
Entry for inspection purposes generally needs to occur between 8 a.m. and 8 p.m., and at a time that is otherwise reasonable in the circumstances. Before drafting the notice:
If you manage several units and plan to inspect more than one on the same day, it's worth building in enough time between visits that each one can proceed at a reasonable pace, rather than treating inspections as a rushed, back-to-back circuit. A hurried visit is more likely to miss issues worth documenting, and can also come across to tenants as less of a genuine condition check than the notice described.
Notice of entry generally needs to be in writing and given at least 24 hours before the scheduled time, and it generally needs to specify:
Written notice generally means something the tenant can read and keep, such as a letter, a notice slipped under the door, or an email or text if that's a method the tenant has used to communicate with the landlord before. A verbal heads-up the day before, without anything in writing, generally does not satisfy this requirement on its own. Keeping a copy of the notice itself, along with a note of how and when it was delivered, is generally worthwhile even though the Act doesn't require you to prove service in advance — if the tenant later disputes receiving notice, having your own dated record on hand avoids the dispute turning into a he-said-she-said situation.
Notice of entry generally needs to be in writing and specify a date and time, given at least 24 hours in advance. A verbal reminder alone, even if given with plenty of lead time, generally does not meet this requirement.
On the day of the inspection:
If the inspection uncovers something clearly urgent — an active leak, exposed wiring, or a safety hazard that needs immediate attention — it's generally reasonable to address that specific issue right away even though it goes slightly beyond the originally stated purpose, since most tenants would expect a genuine safety concern to be dealt with promptly rather than deferred to a separate visit.
Whatever the purpose of the inspection, documenting what you observe is generally worthwhile, both for your own maintenance planning and as a record if a dispute arises later:
Our guide on properly documenting a unit's condition covers useful documentation habits that apply just as well to an occupied-unit inspection as to a move-in or move-out check.
Some landlords assume that giving notice and conducting an inspection automatically means they can address any issue they see immediately, including personal belongings or unrelated conduct. In most cases, a condition inspection should generally stay focused on the stated purpose, with any other concerns addressed through a separate, proper process.
If the inspection reveals a maintenance issue, follow up with the tenant promptly in writing, describing the issue and a reasonable plan and timeline for addressing it — this generally helps avoid the issue developing into a larger dispute or a tenant-initiated T6 application later. If the inspection reveals a potential lease compliance issue unrelated to maintenance, that generally needs to be addressed through its own proper notice process rather than acted on informally during the inspection itself. Keeping the inspection records organized alongside other unit documentation generally makes it easier to show a consistent, good-faith maintenance history if a dispute about the unit's condition ever reaches the LTB.
A few recurring problems generally come up with occupied-unit inspections:
Where an inspection reveals a serious issue, or where a tenant disputes the landlord's right to enter at all, consulting a paralegal or lawyer before proceeding further is generally a sound precaution, particularly where the relationship has already become contentious.
Generally at least 24 hours' written notice specifying a date and time, given before the scheduled inspection.
Generally, no. Notice of entry generally needs to be in writing, specifying the date and time, rather than a verbal heads-up alone.
Generally between 8 a.m. and 8 p.m., and at a time that is otherwise reasonable given the stated purpose of the entry.
Generally, no. Once proper notice has been given, a landlord can generally enter at the stated time even if the tenant isn't present, though many landlords prefer scheduling when the tenant can be there.
There's generally no fixed number set out in the legislation, but inspections scheduled too frequently can themselves raise concerns about interference with the tenant's reasonable enjoyment of the unit.
Generally only in a genuine emergency, or where the tenant consents at the time. A mere suspicion of a problem generally still requires the standard 24-hour written notice.
Generally, yes, where the photos relate to the unit's condition and the stated purpose of the inspection, since this documentation can be useful for both maintenance planning and any later dispute.
This is generally a situation worth addressing carefully and, where it persists, discussing with a paralegal or lawyer rather than forcing entry, which is generally not advisable regardless of the notice given.
Generally, yes, this is usually a recognized purpose for entry, subject to the same written notice and time-window requirements as any other inspection.
This isn't generally required, but having a second person present, such as a property manager or contractor relevant to the inspection's purpose, can sometimes help if the visit's conduct is later disputed.
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