Can a Tenant Refuse Visits from the Landlord?

The access and visit of a rental property by its landlord are governed by strict laws. There are four scenarios where a visit can be conducted:

• Showing the property to a prospective tenant (no notice period required by law);
• Inspecting the property’s condition (with 24-hour notice);
• Performing maintenance or repairs (with 24-hour notice);
• Showing the property to a potential buyer (with 24-hour notice).

Visit by a New Tenant

You are entitled to show the property to a new tenant as soon as you are informed of the non-renewal or termination of the lease. It’s important to note that unlike other types of visits, a 24-hour notice is not mandatory in this case. However, it is advantageous to inform the current tenant in some manner before the visit, especially to respect their right to privacy.

The Administrative Housing Tribunal (TAL) emphasizes that courtesy and good manners suggest that a landlord should nonetheless give notice, which doesn’t have to be written and can be verbal.

The visit by a new tenant should take place between 9:00 AM and 9:00 PM, regardless of the day. The tenant can refuse a visit outside of these hours.

The only reasons a tenant may refuse a visit are:

• Failure to respect the specified hours
• Absence of the landlord during the visit In principle, a tenant could also refuse access if the landlord exercises their right unreasonably, violating the tenant’s privacy, peaceful enjoyment of the property, or home invulnerability.

However, a tenant cannot refuse a visit by a prospective tenant due to their own schedule or absence, regardless of the reason for such absences. The TAL clearly states that if a tenant insists on being present during visits, they must adjust their schedule accordingly or ensure a representative is present.

The landlord decides the time and date of the visit. If a tenant refuses visits from prospective tenants, the landlord may apply to the TAL for an order forcing the tenant to allow access for visits.

Visit by a Potential Buyer

The landlord must give the tenant a 24-hour notice of their intention to show the property to a potential buyer. This notice can be verbal or written but should preferably be in writing to keep a record. A text message or email may suffice, as long as it can be proven that the tenant received it. The obligation to give notice is what primarily differentiates this type of visit from that of a new tenant. The rules regarding visit hours and reasons for refusal are the same.

The tenant must also allow visits by real estate agents and building inspectors, provided the above rules are followed, such as accompanying these individuals if the landlord wishes. Photography of the property by the landlord and visitors must be allowed. Lastly, a landlord may also apply to the TAL to:

• Obtain an order forcing the tenant to allow access to the property
• Request lease termination if the tenant’s refusal causes serious harm Do not enter the property without tenant cooperation. You may be ordered to compensate the tenant financially.

Inspection Visit by the Landlord

A landlord is entitled to periodic visits to inspect the property’s condition. This type of visit is subject to the same rules as visiting a potential buyer. However, in emergencies like a water leak, the landlord can access the property without a 24-hour notice if they cannot reach the tenant.

Access for Maintenance or Repairs

The tenant cannot refuse access if the landlord needs to perform maintenance or repairs. Access can be denied before 7:00 AM and after 7:00 PM.

The rules for access for repairs are similar to those for other visits but have some differences:

• A 24-hour notice (verbal or written) is required.
• Notice is not mandatory in emergencies (fire, water infiltration, etc.).
• Work must occur between 7:00 AM and 7:00 PM on weekdays and weekends.
• Emergency repairs can be done at any time.
• The tenant can refuse a visit outside these hours or if the landlord is not present.
• The tenant must adapt their schedule if they wish to be present during the visit.
• The landlord determines the timing and date of the work.
• The landlord must exercise their right of access reasonably, respecting the tenant’s privacy and peaceful enjoyment. Only the landlord can decide on the necessity of repairs.

Locks and Access Restrictions

Regarding locks and access restrictions, neither the tenant nor the landlord may install or change a lock or other access-restricting mechanism without the other’s consent. In emergencies, a lock can be changed, but the new key must be provided to the landlord or tenant, as applicable.

The access and visit of a rental property by a landlord adhere to strict regulations detailed in this text. A party refusing to comply with these obligations may be compelled by an order from the TAL, which could lead to lease termination in severe cases.