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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 2, 2023}} | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
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#use of the common area for reasonable and lawful purposes, free from significant interference. | #use of the common area for reasonable and lawful purposes, free from significant interference. | ||
Landlords have a duty to protect their tenants’ rights to quiet enjoyment, and to not interfere with | Landlords have a duty to protect their tenants’ rights to quiet enjoyment, and to not interfere with that right themselves. If a landlord interferes with a tenant’s right to quiet enjoyment by repeatedly entering a rental unit in a manner not in accordance with the ''RTA'', the tenant may apply for an order to be permitted to change the locks in the rental unit, and to be permitted to not provide the landlord with a key: see ''RTA''s 70. | ||
that right themselves. If a landlord interferes with a tenant’s right to quiet enjoyment by repeatedly | |||
entering a rental unit in a manner not in accordance with the ''RTA'', the tenant may apply for an order | |||
to be permitted to change the locks in the rental unit, and to be permitted to not provide the landlord | |||
with a key: see ''RTA'' | |||
While tenants have a right to quiet enjoyment, they also have a duty not to disturb other tenants. A | While tenants have a right to quiet enjoyment, they also have a duty not to disturb other tenants. 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 a landlord to evict (''RTA'' s 47 (d)(i)). | ||
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 a landlord to evict (''RTA'' s 47 (d)(i)). | |||
== '''C. Duty to Provide Access''' == | == '''C. Duty to Provide Access''' == | ||
Under ''RTA'' s 30 (1)once a tenant has taken possession of a rental unit, a landlord is not allowed to | Under ''RTA'' s 30 (1) once a tenant has taken possession of a rental unit, a landlord is not allowed to restrict the tenant’s access to the residential property unreasonably. 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 [[Moving_In_and_Moving_Out_in_Residential_Tenancies_(19:III)|Section III: Moving In and Moving Out]]. A landlord cannot restrict access even if a tenant has failed to pay rent. | ||
=== 1. Tenant: Changing the Locks === | === 1. Tenant: Changing the Locks === | ||
Tenants must not change the locks without the landlord's permission or an Arbitrator's order. This can may be grounds for eviction. | |||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} |
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