What Tenants in Ontario Need to Know About Privacy Rights

Renting your home should feel safe, private, and predictable. In Ontario, your privacy is protected by a mix of provincial tenancy law, federal privacy rules, and human rights protections. This guide explains what those protections mean in real life—when your landlord can enter, what they can record, what personal information they can collect, and what to do when lines are crossed.

The Legal Foundations of Tenant Privacy

At the core is Ontario’s Residential Tenancies Act, 2006 (RTA), which protects a tenant’s “reasonable enjoyment” of their unit and regulates when a landlord may enter. The RTA sets strict rules for entry with notice, entry without notice in emergencies, and entry related to showings.

Your personal information is protected by Canada’s federal privacy law (PIPEDA). Landlords are considered “organizations” for these purposes and must collect, use, and disclose personal information only with consent, for reasonable purposes, and in limited amounts. They must also explain why they collect information, safeguard it, and provide access upon request.

Finally, the Ontario Human Rights Code prohibits discrimination and harassment in housing, and places a duty on housing providers to keep living environments free from harassment based on protected grounds.

Entry Rules: When Your Landlord Can Come In (and When They Cannot)

With written notice: Your landlord may enter only after giving you at least 24 hours’ written notice, stating the reason, the date, and a time between 8 a.m. and 8 p.m. (they do not need you to be home). Valid reasons include repairs, inspections, and showings to prospective tenants or buyers. The notice must be specific; “sometime tomorrow” is not enough.

Without notice: Entry without notice is permitted only in an emergency (for example, a fire or flood), or if you explicitly consent in the moment.

Excessive or abusive entry: Even if notices are technically compliant, conduct that substantially interferes with your reasonable enjoyment—like unnecessary, repeated notices or hostile communications—can breach your rights. The Landlord and Tenant Board (LTB) recognises this as misconduct.

Photos, Videos, and Showings: Your Home Is Not a Showroom

Ontario law allows showings with proper notice, but taking photos or videos inside an occupied unit is not automatically allowed. Courts and legal commentators have distinguished between photos for repairs or evidence for a hearing, and marketing photos, which typically require your consent or a clear lease term permitting them. As one Ontario decision noted, photographing a person’s home and belongings and posting them online raises serious privacy concerns.

Generally, you can insist that advertising photos of your furnished, occupied home not include your personal effects, unless you have agreed otherwise in your lease. If photos are needed for maintenance documentation or legal proceedings, the scope should be limited to that purpose.

Cameras and Surveillance: Where Lines Are Drawn

Inside your unit: Landlords cannot install cameras inside your private living space. That would be an obvious invasion of privacy.

Common areas: Cameras in common areas (lobbies, entrances, laundry rooms, garages) are sometimes permitted, but only for legitimate security purposes, and they must comply with privacy principles—minimisation, signage or notice, safeguards, and reasonable retention. Overbroad, constant surveillance can be unlawful. 

What if a camera points at your door? There is no one-size-fits-all rule in the RTA; reasonableness matters. A camera monitoring a lobby may be acceptable, while a lens aimed to peer into your unit would likely cross the line. Media and legal analyses in Ontario emphasise that “what’s reasonable” turns on placement, purpose, and impact on your enjoyment. Document the setup and raise the concern promptly if you believe it intrudes on your privacy.

Smart Locks, Keys, and Access Codes

Neither a landlord nor a tenant can change locks without the other party’s consent, except with an LTB order. If a smart lock is installed, the tenant must receive immediate, reliable access (for example, a code or digital key), and the lock change cannot make it harder for the other party to access than before. These principles flow from the RTA’s access rules and have been applied to modern locking systems. 

Your Personal Information: Applications, Credit Checks, and SINs

Under PIPEDA, landlords must tell you what they are collecting, why, and obtain your consent. Collection must be limited to what a reasonable person would consider appropriate to the rental context (identity verification, credit-worthiness, references). You can ask to see the information held about you and request corrections.

A frequent question is whether a landlord may demand your SIN. In practice, landlords should avoid collecting SINs and can typically verify credit without it. If asked, you can propose alternative identification and consent to a credit check without providing a SIN. (This is consistent with federal privacy guidance and best practices around minimising sensitive identifiers.)

Landlords may disclose personal information without consent only in narrow circumstances, such as where disclosure is required by law (for example, a lawful request from a regulator or tribunal).

Harassment, Discrimination, and “Reasonable Enjoyment”

Harassment tied to protected grounds—such as race, sex, disability, family status, or sexual orientation—is prohibited. Landlords must proactively maintain a housing environment free from discrimination and harassment, and can be liable if they fail to act on complaints between tenants. If you report Code-based harassment, the landlord is expected to take meaningful steps to address it.

What to Do If Your Privacy Is Violated

If you believe your privacy rights are being breached:

  1. Document everything. Keep copies of notices, emails, photos of cameras, and notes of dates and times.

  2. Communicate clearly, in writing. Raise the issue with your landlord, cite the specific concern (for example, “24 hours’ written notice required,” or “no consent to marketing photos”), and propose a solution.

  3. Escalate appropriately. For entry, harassment, or interference with reasonable enjoyment, you may bring an application to the LTB. For misuse of your personal information or surveillance beyond what is reasonable, you can complain to the Office of the Privacy Commissioner of Canada. For discrimination or harassment under the Code, seek assistance from the Human Rights Legal Support Centre.

The Takeaway

Your home is your private space. Ontario’s tenancy rules, federal privacy law, and human rights protections work together to ensure that access is controlled, surveillance is reasonable, marketing does not trump privacy, and your personal information is handled with care. If something feels off, trust your instincts, document the issue, and use the channels available to you to push for a fair fix.

If your next step is buying or finding a better lease—now or soon—The Johnson Team can help you do it confidently and on your terms. Jeff and Liz Johnson lead one of the GTA’s top-performing teams, known for market expertise, creative strategy, and individualized service. Don’t hesitate to Contact The Johnson Team to start working with an agent right away.

 


Posted by Maryann Quenet on
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