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

From Clicklaw Wikibooks
Jump to navigation Jump to search
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.



A. Right of Entry

Section 29 of the RTA provides that a landlord may not enter a rental unit except where:

  • an emergency exists and the entry is necessary to protect life or property;
  • 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
  • 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
  • the tenant abandons the rental unit;
  • the landlord gives written notice of entry for a specified “reasonable purpose” between 30 days and at least 24 hours before the time of entry (s 29(1)(b)).
    • The landlord must arrange a specific time between 8 a.m. and 9 p.m. to enter unless otherwise agreed by the tenant.
    • Note that the clock starts ticking when the tenant receives the notice to enter, not the time when the landlord gives it. The 24 hours starts right away when a landlord hand-delivers the notice; 3 days later when it is delivered by fax or by posting on the tenant’s door, or five days later when sent by regular or registered mail, unless earlier received; or
    • The landlord has an Arbitrator’s order authorizing the entry.

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:

  1. reasonable privacy;
  2. freedom from unreasonable disturbance;
  3. exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with s 29; and
  4. 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 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 RTAs 70.

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)).

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 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 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

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


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.