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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 07:09, 30 December 2020
, 07:09, 30 December 2020→C. Duty to Provide Access
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Under RTA s 30 (1)once a tenant has taken possession of a rental unit, a landlord is not allowed to unreasonably restrict the tenant’s access to the residential property. 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 Section IV: Moving In and Moving Out. A landlord cannot restrict access if a tenant has failed to pay rent. | Under RTA s 30 (1)once a tenant has taken possession of a rental unit, a landlord is not allowed to unreasonably restrict the tenant’s access to the residential property. 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 Section IV: Moving In and Moving Out. A landlord cannot restrict access if a tenant has failed to pay rent. | ||
:NOTE: Between March 30th, 2020 and June 23rd, 2020, section 7 of Ministerial Order 89 of 2020 allowed landlords to restrict access to common areas of the residential property by tenants and their guests to protect the health of themselves, a tenant, an occupant, or a guest, to comply with an order by the governments of Canada, BC, or the municipalities under the Emergency Program Act or to follow the guidelines of BC Centre for Disease Control or the Public Health Agency of Canada. Between June 24th, 2020 and when the BC Provincial State of Emergency expires or is cancelled. Section 6 of Ministerial Order 195 of 2020 prevents the director from granting an order that reduces the rent or any other order of monetary compensation resulting from the termination or restriction of access unless the director already held a hearing on an application for dispute resolution for this reason. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information. | |||
=== Tenant: Changing the Locks === | === 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 a tenant changing a lock without landlord permission or 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). | 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 a tenant changing a lock without landlord permission or 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''' == | == '''D. Cash Payment Rules''' == | ||