Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:IX)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
19. Landlord and Tenant Law
 · I. Introduction

 · II. Governing Legislation
 · III. Residential Tenancy Act & Laws
 · IV. Tenancy Agreements
 · V. Moving In & Moving Out
 · VI. Security Deposits
 · VII. Repair & Service
 · VIII. Rent Increase
 · IX. Tenant's Rights
 · X. Subletting & Assignment
 · XI. Termination & Eviction
 · XII. Dispute Resolution
 · XIII. Common Law
 · XIV. Strata & Condos
 · XV. Assisted Living
 · XVI. Manufactured Homes

 · XVII. Guidelines & Resources
v • d • e



A. Landlord’s Limited Right of Entry

A landlord is prohibited from entering their rental unit when it is subject to a tenancy agreement except in the following circumstances:

  • the tenant gives either written or verbal consent to enter for a specific purpose one month or less prior to entry, including when the tenant consents at the time of entry (RTA, s 29(1)(a));
  • the tenant receives written notice of entry between 24 hours and 30 days before the time of entry (RTA, s 29(1)(b)), with the time of receipt depending on the method of service as established in section 90 of the RTA and with the entry complying with the following requirements:
    • the written notice specifies the purpose for entering, which must be reasonable (RTA, s 29(1)(b)(i));
    • the written notice states the date and time of entry, which must be between 8:00 AM and 9:00 PM unless the tenant otherwise agrees (RTA, s 29(1)(b)(ii));
    • it has been at least one month since the landlord last inspected the unit using this method (RTA, s 29(2));
  • the landlord provides housekeeping or related services as part of the written tenancy agreement and the entry is for this purpose in accordance with the terms (RTA, s 29(1)(c));
  • the landlord has an RTB order authorizing the entry (RTA, s 29(1)(d));
  • the tenant has abandoned the rental unit (RTA, s 29(1)(e)); or
  • an emergency exists and the entry is necessary to protect life or property (RTA, s 29(1)(f)).

B. Tenant’s Right to Quiet Enjoyment

A tenant has the right to quiet enjoyment (RTA, s 28), which includes but is not limited to:

  • reasonable privacy (RTA, s 28(a));
  • freedom from unreasonable disturbance (RTA, s 28(b));
  • exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with section 29 (RTA, s 28(c)); and
  • use of the common area for reasonable and lawful purposes, free from significant interference (RTA, s 28(d)).

Landlords have a duty to protect their tenants’ rights to quiet enjoyment (RTB PG 6), and to not interfere with that right themselves (RTA, s 7). A landlord may be liable to compensate a tenant for breach of quiet enjoyment even if they were not the cause of a breach, if the tenant can establish that the landlord was aware of the problem and failed to take reasonable steps to correct it (RTB PG 6). 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 (RTA, s 70).

While tenants have a right to quiet enjoyment, they also have a duty not to disturb other tenants so as to not breach their right to quiet enjoyment. A landlord may end a tenancy for cause with one month’s notice if a tenant significantly interfered with unreasonably disturbs other occupants or the landlord of the building (RTA, s 47 (d)(i)).

C. Duty to Provide Access

Once a tenant has taken possession of a rental unit, a landlord is not allowed to unreasonably restrict access to the residential property by the tenant or someone they permit onto the residential tenancy (RTA, s 30(1)); therefore, a landlord cannot unreasonably restrict a tenant’s guests.

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 the tenant with new keys or other means of access to the rental unit (RTA, s 31(1.1)). On the request of a tenant at the beginning of a new tenancy agreement, the landlord must rekey or change the locks to the rental unit (RTA, s 25). A landlord cannot restrict access even if a tenant has failed to pay rent.

1. Tenants: Changing the Locks

Tenants must not change the locks giving access to common areas without the permission of the landlord (RTA, s 31(2)). Tenants also must not change the locks or other means of giving access to their unit without the landlord’s written permission or an order from the RTB (RTA, s 31(3)). Breach of these rules may be grounds for eviction.

v • d • e
 
Introduction
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Small Claims Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.


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