Entry of Premises

Quick Facts
  • Except in emergencies, a landlord needs to provide written notice twenty-four hours in advance of the entry.
  • If a termination notice has been served, a landlord only needs to make a reasonable effort to provide four hours notice for viewings.
  • Tenants have a right to remain in the rental unit while the landlord conducts viewings, but landlords are permitted to conduct viewings if the tenant is not present.
What You Need to Know

Landlords can only enter a rental unit under certain circumstances. Depending on the situation the amount of notice a landlord must give the tenant is different.

 

Emergency Situations

In an emergency a landlord does not need to provide any notice to enter a rental unit. They can enter immediately.

 

To Show the Unit to a Prospective Tenant or Buyer

Sometimes a landlord may need to enter a rental unit to show it to a prospective tenant if the current tenants will be moving out. If a property is being sold the landlord may need to enter to allow the prospective buyer an opportunity to see the property.

If a termination notice has been served by either the landlord or the tenant, the landlord only needs to make a “reasonable effort” to give the tenant at least four hours notice if the purpose of the entry is to show the unit to a prospective tenant or buyer. In this case, notice does NOT need to be in writing.

If a termination notice has been served, but the purpose of entry is NOT to show the unit to a prospective tenant or buyer, the landlord needs to provide twenty-four hours written notice. The landlord must enter at a reasonable time, and the time of entry must be included on the written notice.

If a termination notice has NOT been served by either the landlord or the tenant the landlord would need to provide twenty-four hours written notice to enter, even if the purpose of entry is to show the unit to a prospective buyer. The landlord must enter at a reasonable time, and the time of entry must be included on the written notice.

 

If the Rental Unit Has Been Abandoned

If a landlord believes a rental unit has been abandoned, they can enter the unit with twenty-four hours written notice. When a rental unit has been abandoned there are some additional rules that apply, so we’ve created a Help Topic to cover this specific issue called Abandonment of Rental Unit.

It is important to note that a rental unit cannot be considered abandoned unless the tenant has vacated, rent is overdue, and the rental agreement has not been terminated in accordance with the Residential Tenancies Act.

 

With Permission from the Tenant

A landlord is permitted to enter a rental unit at any time if they have permission from the tenant prior to entering the rental unit. Permission to enter from a tenant does not need to be in writing.

 

All Other Cases

In all other cases a landlord is required to give a tenant twenty-four hours written notice prior to entering the rental unit. The landlord must enter at a reasonable time, and the time of entry must be included on the written notice.

 

If a landlord enters a rental unit without providing proper notice to the tenant, the tenant may be justified in terminating their rental agreement early under the Peaceful Enjoyment clause of the Residential Tenancies Act.

If a notice of entry is properly served a tenant should not interfere with the landlord’s right to enter. Doing so could be grounds for the landlord to serve a termination notice for interfering with their peaceful enjoyment of the rental property.

More information can be found in our Help Topic called Peaceful Enjoyment & Reasonable Privacy.

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Files / Documents
Notice to Enter Premises (PDF)
This form can be used by a landlord to give notice of entry to a tenant.
Download / View
Resources
Fact Sheet – Statutory Conditions (Service NL) (PDF)
A fact sheet from Service NL that explains the basic obligations of landlords and tenants.
Visit
Legislation

Statutory conditions

10. (1) Notwithstanding an agreement, declaration, waiver or statement to the contrary, where the relationship of landlord and tenant exists, there shall be considered to be an agreement between the landlord and tenant that the following statutory conditions governing the residential premises apply:

1. Obligation of the Landlord -

(a) The Landlord shall maintain the residential premises in a good state of repair and fit for habitation during the tenancy and shall comply with a law respecting health, safety or housing.

(b) Paragraph (a) applies regardless of whether, when the landlord and tenant entered into the rental agreement, the tenant had knowledge of a state of non-repair, unfitness for habitation or contravention of a law respecting health, safety or housing in the residential premises.

2. Obligation of the Tenant - The tenant shall keep the residential premises clean, and shall repair damage caused by a wilful or negligent act of the tenant or of a person whom the tenant permits on the residential premises.

3. Assigning or Subletting Residential Premises - The tenant may assign or sublet the residential premises subject to the written consent of the landlord, and the landlord shall not arbitrarily or unreasonably withhold consent and shall not levy a charge in excess of expenses actually incurred by the landlord in relation to giving consent.

4. Mitigation on Abandonment - Where the tenant abandons the residential premises, the landlord shall mitigate damages that may be caused by the abandonment to the extent that a party to a contract is required by law to mitigate damages.

5. Entry of Residential Premises - Except in the case of an emergency, the landlord shall not enter the residential premises without the consent of the tenant unless

(a) notice of termination of the rental agreement has been given and the entry is at a reasonable time for the purpose of showing the residential premises to a prospective tenant or purchaser and a reasonable effort has been made to give the tenant at least 4 hours' notice;

(b) the entry is made at a reasonable time and written notice of the time of the entry has been given to the tenant at least 24 hours in advance of the entry; or

(c) the tenant has abandoned the residential premises under section 31.

6. Entry Doors - Except by mutual consent, neither the landlord nor the tenant shall, during the use or occupancy of the residential premises by the tenant, alter a lock or locking system on a door that gives entry to the residential premises.

7. Peaceful Enjoyment and Reasonable Privacy -

(a) The tenant shall not unreasonably interfere with the rights and reasonable privacy of a landlord or other tenants in the residential premises, a common area or the property of which they form a part.

(b) The landlord shall not unreasonably interfere with the tenant's reasonable privacy and peaceful enjoyment of the residential premises, a common area or the property of which they form a part.

8. Disconnection of Services - A landlord or tenant shall not, without the written consent of the other party to the rental agreement, disconnect or cause to be disconnected heat, water or electric power services being provided to the residential premises.

(2) Where a landlord and tenant enter into a written rental agreement, the statutory conditions set out in subsection (1) shall be reproduced in the rental agreement without variation or modification.