Hey guys, trying to find an answer to this. I am selling a rental that currently has a tenant with an active lease in place, they are starting to refuse showings with 24 hours written notice.

Does anyone happen to know if a tenant can refuse showings with notice?

Please know I am in Ontario, Canada.

What do your state and local laws say?

This is what is stated, but what I am unsure of, is with the proper notices, can they deny my notice to show the home?

A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours' written notice:

• to make repairs or do work in the unit
• to carry out an inspection, where reasonable, in order to determine whether repairs are needed
• to allow a potential mortgagee or insurer of the complex to view the unit
• to allow a potential purchaser to view the rental unit (Note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord)
• to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act
• for any reasonable purpose allowed by the rental agreement

The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.

Originally posted by @Adam Krawec :

This is what is stated, but what I am unsure of, is with the proper notices, can they deny my notice to show the home?

Entry with 24 hours' written notice

A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours' written notice:

• to make repairs or do work in the unit
• to carry out an inspection, where reasonable, in order to determine whether repairs are needed
• to allow a potential mortgagee or insurer of the complex to view the unit
• to allow a potential purchaser to view the rental unit (Note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord)
• to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act
• for any reasonable purpose allowed by the rental agreement

The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.

 Based on what you wrote, they can't refuse showings.  You should be flexible (ie if they have small kids, avoid nap time).  I know BC has a tenancy board you can call for questions, I am sure Ontario has something similar.  Call them and ask.  If they say the same thing as you wrote above, give the appropriate notice and tell your tenant what time the viewing is.

I have been being mindful of the family situation, and fully understand their frustration. However, the matter remains the property is up for sale and showings do need to happen. 

I was going to give the LTB a call on Monday when they open. I was wondering if anyone had similar situations and the outcome.

What does your rental contract say regarding showings?

When I went to sell my place. I got the tenants to move out, did some quick renos and listed it.  It was easier to have it empty.

@John Teachout We have a standardized lease drafted by the government, showings are not mentioned, rules revert back to the LTB, which also doesn't state refusal of entry/showing, if that even exists.

@Theresa Harris If that was an option, 100% that is the best the way to sell it. Sadly it is not, the actual owner of the property can't afford to keep the property without a tenant. Our market went crazy a few years back, they were pitched an assignment deal and easy money. Long story short, the owner had no idea what they were getting into and almost lost their $80,000 deposit, until they found funding through a B lender.

I was the buyer who was refused entry. I bought it without seeing it. I knew I would be able to see it when it was inspected, and could still get out of the deal. It worked out just fine:). 

Adam, The simple answer is no a tenant cannot refuse to allow a showing as long as proper notice is given. Assuming it is a showing, not entry to take pictures or anything of the sort (unless specified in the lease of course).

Not allowing entry is a violation of the Act, and you can serve the tenants with an N5 (Notice to End Tenancy for Substantial Interference with Landlord's rights).

You have to give them a 20 day notice period, but they have 7 days to "correct" their behavior, and on the 8th day you can file at the LTB. The notice requires specifics on dates/times/information, so make sure that is accurate.

There's instructions on the notice and a separate instruction form as well.

@Adam Krawec Hey Adam, this is a tough one since the actual owner cannot afford to have the tenants out. 

Perhaps, you could ask to take a video of the house and use that preliminarily. 

You can then state that after a contract has to be signed then you can do the actual showing (you weed out time-wasters). Hopefully, by that time you know the deal is a bit more likely to happen and you can ask the tenant about 1 week or 2 ahead of time for a showing and get all the potential buyers to come all on that time slot. You create some competition amongst potential buyers too. 

You definitely have an interesting situation on your hands. Good luck. 

@Adam Krawec   That's too bad, but understandable.  I like Ola's idea of creating a video.  It would reduce the number of showings and that may be one way to sell the idea to the tenants. Many listings also have a copy of the floor plan. I personally wouldn't put an offer in on a place I hadn't seen even though I know I could do it during the inspection.

I have had this happen. It's actually how I get my one bad review on Yelp. A tenant refused us access every request coming up with different excuses and we eventually just said we have legal right to show with 48 hours and just did it. Moving forward put a line in leases that state in bold you can show within 24 or 48 hours and have them initial. 

In areas with quick evictions you can serve them notice but in other areas where an eviction takes 4-6 months it's unrealistic/costly to go that route and much better to just make sure tenants clearly understand landlord has right to show their unit upfront. 

You will need to get appraiser in if ever sell it, etc. So doing a video once will not fly. 

Welcome to Ontario, Canada where tenants are King

Originally posted by @Ola Dantis :

@Adam Krawec Hey Adam, this is a tough one since the actual owner cannot afford to have the tenants out. 

Perhaps, you could ask to take a video of the house and use that preliminarily. 

You can then state that after a contract has to be signed then you can do the actual showing (you weed out time-wasters). Hopefully, by that time you know the deal is a bit more likely to happen and you can ask the tenant about 1 week or 2 ahead of time for a showing and get all the potential buyers to come all on that time slot. You create some competition amongst potential buyers too. 

You definitely have an interesting situation on your hands. Good luck. 

 Taking a video is a great idea if the tenants allow you to. Tenants do not like having their personally belongs all over the net. I have seen so many tenanted listings that have no interior pics. Maybe just the kitchen and bath but not the living room and bedrooms.