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)

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{{REVIEWED LSLAP | date= July 1, 2022}}
{{REVIEWED LSLAP | date= August 2, 2023}}
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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 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 [[Moving_In_and_Moving_Out_in_Residential_Tenancies_(19:III)|Section III: 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 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 ===


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).
Tenants must not change the locks without the landlord's permission or an Arbitrator's order. This can may be grounds for eviction.  


== '''D. Cash Payment Rules''' ==


Section 26(2) 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 not seize 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 s 26 (4)(a) and (b).




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