Entering Property - External Premises

[fallenstar831]

After combing the internet forever and sifting through the actual acts, I have no direct answer to my question and needs some help:

Frequently on weekends myself or my husband will wake up, be sitting around in our pyjamas having coffee, look out our window and our landlord will be on our front lawn milling about. When we first moved in we thought it was simply because they were tying up loose ends and there were a few repairs outstanding but it has never stopped. We've been here 8 months and without fail 2 out of 4 weekends it happens. And there is no real reason - they just show up and start fiddling about - pulling weeds, trimming trees, all things that at the time we signed the lease were decided to be our responsibilities - and I will add, we keep up with them. We are excellent tenants, which they have stated.

My question - is stepping on our property included in the laws governing entering the premises (which we are positive they have done, but can not prove)?

We currently live in Ontario Canada, What are our rights here?

We are going to be politely giving them something in writing beacuse it's gotten to the point that I see my landlord here more than my parents... any help would be great.

[AFFA]

I wish to inform you that before entering your apartment the landlord or their employee must give you 24 hours written notice of entry and further will providing you with the reason as well as a time. In this the time will be the time between 8 a.m. and 8 p.m. Further it was under formerly 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 enter where 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. You can file a complaint with Landlord and Tenant Board under Residential Tenancies Act (RTA).

AFF

[fallenstar831]

Thank you AFFA, I understand this... we do not rent an apartment, we rent a house.
The question is can they come on the property without 24 hours notice, or is this only for the internal premises?

Obviously the LL is finding things to do that you have not done.

Instead of commenting about his being on the outside of the property you rent (I don't know Canadian law), you may instead wish to do the things the LL is finding to do, thereby circumventing his visits to your outside premises.

Since you signed the lease saying you'd be doing outside responsibilities, apparently you are not keeping up your end of the lease according to what your LL sees.... you may wish to start doing things so as to avoid the LL coming and pulling weeds, trimming trees, and all things that at the time you signed the lease were decided to be YOUR responsibilities -

[fallenstar831]

Actually Yard Work, you couldnt be more wrong. We do keep up with all of it. ALL of it. When you landlord comes by at 9am on a Saturday and you work M-F and pulls out the 2 or 3 weeds that have sprouted up over the week - that hardly classifies neglect on our part. Even then it's not always yardwork that is the reason - I am 100% sure that she is a busy body-who is finding reasons to be here.

Regardless, even if we weren't - the question remains - can the landlord come on our property without our permission? It's a little creepy to be sitting in your front room enjoying your morning cuppa and your landlord looks through your window saying good morning. They live a good 25 min drive from the house.

Does anyone out there have a real answer to this question?

I don't know Canadian laws. Does your lease agreement say anything about the LL giving you 24 hr notice before coming into your property? (in the US, LL can enter at any time ONLY if it's an emergency situation, i.e. indoor plumbing flooding, a fire, etc).

Your best recourse might be to send them a letter, certified or however it's done in Canada that proves they received it, and state that you need 24 hrs advance notice of them coming onto your property. You may want to include that you interpreted your lease or rental agreement to mean not just the physical house, but the premises (yard, garage, etc) as well, and you'd prefer that they give you proper notice. You may want to add that it is very disconcerting to look up and realize someone is in your yard unexpectedly. You may want to rather pointedly ask them to respect your privacy, and that you are good tenants, and if they happen to "notice" anything amiss, they need to respect you, notify you about the problem and give you the right to remedy the problem.

Not sure if it will help or tick them off. They seem to have nothing to do and all day to do it if they are coming over and it's a 25 mile drive! What a pain in the pa-toot!

If they continue to disrespect you, you may want to seek the advice of an attorney who would be familiar with situations like LL and tenant privacy.

Originally Posted by Yard Work Obviously the LL is finding things to do that you have not done. Instead of commenting about his being on the outside of the property you rent (I don't know Canadian law), you may instead wish to do the things the LL is finding to do, thereby circumventing his visits to your outside premises. Since you signed the lease saying you'd be doing outside responsibilities, apparently you are not keeping up your end of the lease according to what your LL sees.... you may wish to start doing things so as to avoid the LL coming and pulling weeds, trimming trees, and all things that at the time you signed the lease were decided to be YOUR responsibilities -

You might want to stick to topics you have a modicum of accurate and helpful knowledge about. This isn't one of them.

Originally Posted by fallenstar831 Actually Yard Work, you couldnt be more wrong. We do keep up with all of it. ALL of it. When you landlord comes by at 9am on a Saturday and you work M-F and pulls out the 2 or 3 weeds that have sprouted up over the week - that hardly classifies neglect on our part. Even then it's not always yardwork that is the reason - I am 100% sure that she is a busy body-who is finding reasons to be here. Regardless, even if we weren't - the question remains - can the landlord come on our property without our permission? It's a little creepy to be sitting in your front room enjoying your morning cuppa and your landlord looks through your window saying good morning. They live a good 25 min drive from the house. Does anyone out there have a real answer to this question?

Yes. I do. They are violating Ontario Landlord/Tenant law when they come to the property unannounced, without proper notice, and when no emergency exists.

You are correct that they are busybodies looking for something to do to pass the time. I'd guess they're an older couple who is either close to retirement age or at retirement age.

Politely inform them (yes it's sad people need to be told how to be courteous) that their unexpected visits are unsettling and that you expect the use of the property for "quiet enjoyment" that comes with a leasehold estate (which is what it is, precisely).

If that does not get them to cut it out, you must inform them that they will have forced you to consult with an attorney to retain your right to privacy and quiet enjoyment of the property you lease.

Originally Posted by Yard Work I don't know Canadian laws.

Why respond then?

To the NASTY responder who didn't like my posts... Why did I respond? Trying to eliminate the possibility that the yard word was not being done AND even though I don't know Canadian laws, trying to brainstorm ideas for the original poster.

I don't see your nastyself coming up with anything.