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Difference between revisions of "Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII)"
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Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII) (view source)
Revision as of 22:02, 30 June 2016
, 22:02, 30 June 2016no edit summary
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#exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with s 29 (landlord’s right to enter rental unit restricted); and | #exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with s 29 (landlord’s right to enter rental unit restricted); and | ||
#use of common area for reasonable and lawful purposes, free from significant interference. | #use of common area for reasonable and lawful purposes, free from significant interference. | ||
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 or landlords who also have a right to quiet enjoyment. There is no reciprocal right. However, a landlord may end a tenancy for Cause with one month’ s notice if a tenant unreasonably disturbs the landlord or other occupants of the building. C.Duty to Provide A ccess Under RTA, ss 30(1) and (2), but subject to s 31, once a tenant has taken possession of a rental unit, a landlord is not allowed to change the locks to the rental unit or property without first getting the tenant’ s permission and providing a new key. The landlord cannot change the locks or alter the means of access to the rental unit without the tenant’ s permission.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. 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 changing a lock without 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). D.Cash Payment Rules Section 26(1) 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. E.Personal Property: Non-Payment of Rent Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must notseize 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 ss (4)(a) and (b). | |||