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

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 consents at the time of entry;
• the tenant gives either written or verbal consent to enter for a specific purpose one month or less prior to entry;
• where the occupation is by a hotel tenant, the entry is for the purpose of providing maid service at reasonable times;
• 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;
• the landlord has an Arbitrator’s order authorizing the entry; or
• the landlord is conducting a monthly inspection for illegal activity, and has given written notice under s 29(1)(b).

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 (landlord’s right to enter rental unit restricted); and
4. use of common area for reasonable and lawful purposes, free from significant interference.