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

Notice to enter

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 RTA

What hours can your landlord enter?

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.

Illegal entries

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.

Dispute resolution for loss of privacy

You can apply for dispute resolution if the landlord interferes with your right to privacy. The Residential Tenancy Branch can:

• 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

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:

• The landlord constantly comes into your place.
• The landlord allows other tenants to be very noisy late at night.

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.

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 by-law. You can also call the police if there is party or loud music disturbing you.

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 dispute resolution officer 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.

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."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."