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

{{REVIEWED LSLAP | date= August 10, 2021}}

{{LSLAP Manual TOC|expanded = landlord}}

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

**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;

* the landlord has an Arbitrator’s order authorizing the entry.

Section 28 of the ''RTA'' provides protection of tenant’s right to quiet enjoyment. A tenant’s right includes but is not limited to:

Arbitrators may not be particularly generous in assessing noise complaints. While tenants have a right to quiet enjoyment, they also have a duty not to disturb other tenants. There is no reciprocal right.  

However, a landlord may end a tenancy for Cause with one month’s notice if a tenant unreasonably disturbs other occupants or the landlord of the building. This is separate from the right of quiet enjoyment, and is a cause for landlord to evict (''RTA'' s 47 (d)(i)).  

Under ''RTA'' s 30 (1)once a tenant has taken possession of a rental unit, a landlord is not allowed to unreasonably restrict the tenant’s access to the residential property.  Under s 31 of the ''RTA'', the landlord cannot change the locks or alter the means of access to the rental unit without the tenant’s permission, and a landlord is obligated to provide all tenants with new keys or other means of access to the rental unit. On the request of a tenant at the beginning of a new tenancy agreement, the landlord must re-key or change the locks to the rental unit: see '''Section IV: Moving In and Moving Out'''. A landlord cannot restrict access if a tenant has failed to pay rent.

=== 1. Tenant: Changing the Locks ===

If the landlord changes the locks in contravention of s 31 of the ''RTA'', the Arbitrator may grant an order authorizing the tenant to change the locks. Also, if a tenant applies for dispute resolution, an Arbitrator can grant permission to allow the tenant to change the locks, and give the tenant the right to withhold a copy of a key from the landlord if the Arbitrator is satisfied that the landlord may contravene s 31.  It should be noted that a tenant changing a lock without landlord permission or an order can be grounds for eviction. To change the lock legally, the tenant must follow the procedure set out in ''RTA'', s 31(2).

Section 26(2) provides that a landlord must provide a tenant with a receipt for rent paid in cash. If a tenant makes a cash payment and receives no receipt, the tenant should send a letter to the landlord confirming the payment or pay with a witness present.

Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must not seize any personal property of the tenant or prevent or interfere with the tenant’s access to the tenant’s personal property (RTA, s 26(3)). The only exceptions are if the landlord has a court order authorizing the action, or if the tenant has abandoned the rental unit and the landlord complies with the regulations: see RTA s 26 (4)(a) and (b).

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