Difference between revisions of "Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII)"

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Section 29 of the RTA provides that a landlord may not enter a rental unit except where:
Section 29 of the RTA provides that a landlord may not enter a rental unit except where:


*an emergency exists and the entry is necessary to protect life or property;  
* an emergency exists and the entry is necessary to protect life or property;  
*the tenant gives either written or verbal consent to enter for a specific purpose one month or less prior to entry, including when the tenant consents at the time of entry  
 
*the landlord provides housekeeping or related services as part of the written tenancy agreement and the entry is for this purpose in accordance with the terms  
*the tenant abandons the rental unit;
* the tenant gives either written or verbal consent to enter for a specific purpose one month or less prior to entry, including when the tenant consents at the time of entry  
*the landlord gives written notice of entry for a specified “reasonable purpose” between 30 days and at least 24 hours before the time of entry (s 29(1)(b)). 
 
**otherwise agreed by the tenant.
 
**Note that the clock starts ticking when the tenant receives the notice to enter, not the time when the landlord gives it. The 24 hours starts right away when a landlord hand-delivers the notice; 3 days later when it is delivered by fax or by posting on the tenant’s door, or five days later when sent by regular or registered mail, unless earlier received;
* the landlord provides housekeeping or related services as part of the written tenancy agreement and the entry is for this purpose in accordance with the terms  


 
the landlord has an Arbitrator’s order authorizing the entry;
* the tenant abandons the rental unit;  


 
:NOTE: Between March 30th, 2020 and June 23rd, 2020, section 8 of Ministerial Order 89 of 2020 prohibited landlords from entering the rental unit despite a notice of entry under s 29(1)(b) unless an emergency related to the COVID pandemic exists and the entry is necessary to protect the health of themselves, a tenant, an occupant, a guest or the public. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.
* the landlord gives written notice of entry for a specified “reasonable purpose” between 30 days and at least 24 hours before the time of entry (s 29(1)(b)).


*  the landlord has an Arbitrator’s order authorizing the entry;
The landlord must arrange a specific time between 8 a.m. and 9 p.m. to enter unless otherwise agreed by the tenant.
Note that the clock starts ticking when the tenant receives the notice to enter, not the time when the landlord gives it. The 24 hours starts right away when a landlord hand-delivers the notice; 3 days later when it is delivered by fax or by posting on the tenant’s door, or five days later when sent by regular or registered mail, unless earlier received;
== '''B. Quiet Enjoyment''' ==
== '''B. Quiet Enjoyment''' ==


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