Difference between revisions of "Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII)"
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{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
=A. Right of Entry= | ==A. Right of Entry== | ||
Section 29 of the RTA provides that a landlord may not enter a rental unit except where: | Section 29 of the RTA provides that a landlord may not enter a rental unit except where: | ||
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*the landlord has an Arbitrator’s order authorizing the entry. | *the landlord has an Arbitrator’s order authorizing the entry. | ||
=B. Quiet Enjoyment= | ==B. Quiet Enjoyment== | ||
Section 28 of the RTA provides protection of tenant’s right to quiet enjoyment. A tenant’s right includes but is not limited to: | Section 28 of the RTA provides protection of tenant’s right to quiet enjoyment. A tenant’s right includes but is not limited to: | ||
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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. | 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 Access= | ==C. Duty to Provide Access== | ||
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 | 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 [[Moving in and Residential Tenancies (19:V) | Section V: Moving In]. A landlord cannot restrict access 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 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). | 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= | ==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. | 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= | ==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 ss (4)(a) and (b). | 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 ss (4)(a) and (b). | ||
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