Difference between revisions of "Living in Peace When Renting"

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{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''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.
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.


== Privacy in your home ==
'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.


===When can a landlord enter?===
==The meaning of quiet enjoyment==


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:
[[File:Rent increase notice.png | right | frame | link= ]]  
*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 [http://www.clicklaw.bc.ca/helpmap/service/1085 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 [[Residential Tenancy Act|RTA]].''
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.
Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.


===Notice to enter===
The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.


Written notice to enter your place must be served in accordance with the ''Residential Tenancy Act.'' If the landlord puts the notice in your mailbox or mail slot it is not considered received until after three days from the day it was delivered. If it was mailed, then it is not considered received until after five days from when it was mailed. If you receive the notice in person then the notice period begins when the notice is handed to you. ''See section 88 of the [[Residential Tenancy Act|RTA]].''
==Landlord entry==


===What hours can your landlord enter?===
===''Legal'' landlord entry===


Unless you agree to something else, your landlord can only come into your suite between the hours of 8 a.m. and 9 p.m.
To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.


===Illegal entries===
If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.


If your landlord is entering your place illegally you should talk to the landlord about your privacy and write a letter. Tell the landlord that the law says you need at least 24 hours written notice of entry and only for purposes allowed by the ''Residential Tenancy Act''. Keep a copy of the letter. It is very important that you collect proof if you suspect that your landlord is entering your place illegally. This can be difficult. It is best to have a witness to the illegal entry.
'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.


===Dispute resolution for loss of privacy===
See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.


You can apply for [[Dispute Resolution for Tenants|dispute resolution]] if the landlord interferes with your right to privacy. The [[Residential Tenancy Branch]] can:
===''Illegal'' landlord entry===
*Give you permission to change your locks and keep the only key. The RTB can also order the landlord to pay for the cost of the new lock.
*Allow the landlord to enter only under certain conditions.
*Order the landlord to pay you money for the loss of your privacy.


== Noise and disturbances ==
If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
[[File:noisy neighbors.jpg | right | frame | link= ]]
* order your landlord to obey the law in the future;
You also have the right to quiet enjoyment. This means that the landlord should not behave in a way that interferes with your daily use of your home, or allow other tenants or employees to unreasonably disturb you. Here are some examples of interference that could result in the loss of quiet enjoyment:
* give you permission to change the locks and keep the only key;
*the landlord constantly comes into your place, or
* allow your landlord to enter only under certain conditions; and
*the landlord allows other tenants to be very noisy late at night.
* if your landlord’s behaviour is serious enough, order them to pay you money.  


Write a letter telling the landlord about the behaviour that is disturbing you, and ask the landlord to stop it. Keep a copy of your letter. In some situations, you will want to call the police.
It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.


The ''Residential Tenancy Act'' does not specifically say anything about noise. If you are disturbed by noise from other tenants, call your municipality and ask if there is a noise bylaw. You can also call the police if there is party or loud music disturbing you.
==Noise==


If your landlord enters your place illegally, you can ask for a dispute resolution hearing. You will need proof of the illegal entry. For example, if a friend or neighbour saw your landlord making an illegal entry, ask them to be your witness. At the hearing, you can ask the arbitrator for permission to change your locks and keep the only key. You can also ask that the landlord pay for the new locks. The Residential Tenancy Branch may or may not order that the landlord pay.
Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.


===Protecting yourself from harassment===
If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.


Protect yourself from harassment:
==Smoking==
*If you feel uncomfortable, don't let the manager or owner come into your home without proper written notice. Make sure they have a good reason for coming in. Phone the police if they force their way in.
*If the landlord or manager yells at you, end the conversation immediately and follow up with a letter. Do not allow yourself to get into verbal confrontations with the manager or landlord.
*Any time your landlord scares or insults you, write down the time, date, and exactly what happened. If you can, find witnesses who saw or heard the harassment.
*If you have a problem with harassment, try to have a witness whenever you are dealing with the landlord or manager in person.
*If you are harassed by a manager, write a letter to the owner and describe the problem. Keep a copy for yourself.


===Dispute resolution for loss of quiet enjoyment===
If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.


You can apply for a dispute resolution hearing at the Residential Tenancy Branch if you want compensation for the loss of your quiet enjoyment. You can apply for compensation while you are living in your place, or up to two years after you move out.
'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''Residential Tenancy Act''.


The RTB can order your landlord to pay you money for the loss of your quiet enjoyment. For example, you can claim for part of your rent back for the time that you lived with the interference. You can also claim for aggravated damages if the behaviour was severe and the landlord allowed it to continue.
==Intimidation, harassment, and physical harm==


You will need to bring evidence of the behaviour that resulted in the loss of your quiet enjoyment. You can use friends and neighbours as witnesses. You can also use letters that you wrote to the landlord, audio and videotapes, and photographs. You need to be able to show that the landlord was aware of the problem and chose not to do anything about it.
Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.


===Caution!===
If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.


The law does not allow you to stop paying your rent because you have a problem with the landlord or other tenants. Apply for dispute resolution instead. Give proper written notice if you decide to move out. If you don’t, you might have to pay money to the landlord.
If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.


== Locks and access ==
'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.


You or your landlord can’t change the lock on your door or to the building unless you both agree it is okay. In an emergency like a break-in, your landlord can change the lock. They must give you the new key right away.
==Guests==


===New lock on moving in===
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''Residential Tenancy Act (RTA)'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.


When you move into a place, you can ask the landlord to re-key or change the locks, if they haven’t already done so, to prevent former tenants or others with a key from coming into your home. You should write a letter to ask for the change of locks. If your landlord refuses, you can apply to have an order from the Residential Tenancy Branch that the landlord change the locks. ''See section 25 of the [[Residential Tenancy Act|RTA]].''
Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.
 
===Lockout===
 
The landlord can’t change the locks because you haven't paid the rent. If your landlord locks you out, you can call the Residential Tenancy Branch and ask for an intervention, which is when an information officer calls your landlord to explain when something is illegal. If the intervention does not work you can apply for a dispute resolution hearing and ask for an order that will give you back possession of your place. You can also ask for money back for the time you were locked out.
 
===Changing locks===
 
In an emergency, you have the right to change your locks as an emergency repair. For example, you may have a break-in, or the locks may have been broken when you moved in. You can take the money you spent on the lock off your next month's rent if you have followed all the rules about emergency repairs. See the section on [[Repairs and Services When Renting#Emergency repairs|Emergency repairs]].
 
You might like to change your locks for personal reasons. In this case, you need the permission of the landlord. Make sure you get it in writing. You can also change your locks if an RTB arbitrator gives you permission.
 
== Guests ==
 
It is your home and you have the right to have guests. Your landlord can't ask you to pay extra rent because of your guests. However, your landlord might object if your guests stay too long and appear to be living with you. You should check your tenancy agreement to see if it has a clause about the number of occupants allowed under the agreement. Some agreements say that a guest who stays longer than two weeks is no longer a guest but an additional occupant. The landlord might then want to raise your rent because of the additional occupant or may say that you are breaching your tenancy agreement. Tenants in subsidized housing, for example, often have agreements that limit how many days a guest can stay overnight in a year and could risk losing their subsidy if it appears there is an additional person living with them.


==Legislation and links==
==Legislation and links==

Revision as of 00:00, 12 December 2018

Tenant Survival Guide
Tenantsurvivalguidecover.jpg
This page is from the
Tenant Survival Guide.
See the full contents.
Contents
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
From
This wikibook is from
Tenant Resource & Advisory Centre
Tenant Resource & Advisory Centre
v • d • e

DO: respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

DO NOT: think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

The meaning of quiet enjoyment

Rent increase notice.png

Section 28 of the Residential Tenancy Act (RTA) covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:

  • reasonable privacy;
  • freedom from unreasonable disturbances;
  • exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
  • use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:

  • unreasonable and ongoing noise;
  • unreasonable and ongoing second-hand smoke;
  • intimidation or harassment;
  • landlord entering your rental unit too frequently;
  • landlord entering your rental unit without permission or proper notice; and
  • landlord unreasonably refusing you access to common areas of the residential property.

The RTA deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

Landlord entry

Legal landlord entry

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:

  • the date;
  • the time (between 8am and 9pm); and
  • a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

Exceptions: A landlord can enter a rental unit without proper notice or permission if:

  • there is an emergency and the landlord’s entry is necessary to protect life or property;
  • the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
  • the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
  • the tenant has “abandoned” the rental property, according to Part 5 of the Residential Tenancy Regulation.

See section 29 of the Residential Tenancy Act for more information.

Illegal landlord entry

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:

  • order your landlord to obey the law in the future;
  • give you permission to change the locks and keep the only key;
  • allow your landlord to enter only under certain conditions; and
  • if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

Noise

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

Smoking

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

Marijuana: Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the BC Human Rights Code, but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the Residential Tenancy Act.

Intimidation, harassment, and physical harm

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to section 45(3) of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB Policy Guideline 8, a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

Calling the police: The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

Guests

According to section 9 of the Schedule in the Residential Tenancy Regulation, your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The Residential Tenancy Act (RTA) does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The RTA says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

Legislation and links

Legislation

Links

Resources and forms

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2012.


v • d • e
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace When Renting
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada LicenceTenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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