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Illegal Entry Of Apt/Unit

I just witnessed something I and a few other tenants have suspected all along, the Superintendent Jan Porter entering a unit without proper authorization. This is really disturbing, you may remember a blog I posted last October 2011 about her entering my unit without a 24 hour notice on a non emergency issue.  I was pissed off and received an apology from the previous Housing Service Coordinator.  This evening just before 8 pm I heard her knocking on my neighbour’s door calling for the tenant and a police officer was with her.  The tenant didn’t answer and the superintendent said to the officer “I can open the door if you like” the officer agreed then Jan used her pass key, when in, turned on the lights and called out the tenant’s name. The officer stood at the door and did not enter the unit. The tenant was not home.  If the tenant isn’t home or doesn’t wish to answer the door the superintendent has no right to enter the unit. I think the officer knew this which is why he didn’t go inside. If the police officer has a search warrant or it’s an emergency then legally he has the right to enter and look around.
 I swear if I ever find out the superintendent or any other staff member has entered my unit without my permission or without a 24 hour notice of entry. I’ll be filing a T form at the Hamilton Landlord & Tenant Board.

A5: Before entering your apartment the landlord or their employee must give you 24 hours written notice of entry giving a reason as well as a time (the time must be between 8 a.m. and 8 p.m.). Formerly even under the Tenant Protection Act, the landlord had to have a good reason to come in, such as to make necessary repairs, but now under the Residential Tenancies Act, they can claim it is just to do an No notice is necessary in cases of emergencies, if you give the landlord permission to do so, or in cases where a notice to terminate the lease (by either the tenant or landlord) has been given.

To the readers and the KMHC tenants…If you value your privacy then know your tenant rights.


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