Living in Peace When Renting

Do collect evidence if you suspect your landlord is entering your place illegally. Illegal entry can be difficult to prove in a dispute resolution hearing. Don’t change your locks without your landlord’s written permission or an order from the Residential Tenancy Branch, unless it’s an emergency.

Privacy in your home

When can a landlord enter?

You have the right to privacy in your home. In legal language, privacy is the right to “exclusive possession and quiet enjoyment.” Your landlord is only allowed to enter your place under these circumstances:

• An emergency, like a fire or flood.
• Your landlord gives you between 24 hours and 30 days written notice, saying exactly what date and time they want to come in, and giving you a good reason.
• Your landlord knocks on your door and you say it’s okay to come in. But remember—you have the right to say no and ask for written notice.
• You tell your landlord they can come in for a certain reason.
• You live in a hotel that has a cleaning service. The cleaner must enter at a reasonable time.
• Your landlord has an order from the Residential Tenancy Branch to enter your suite.
• You have abandoned the place. (Phone the Tenant Information Line or the Residential Tenancy Branch for information on abandonment.)
• The Residential Tenancy Act allows the landlord to inspect the rental unit once a month as long as you are given the proper notice. See Sections 28 and 29 of the RTA

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."