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}}
SECTION 8 RENT INCREASES
== '''A. Right of Entry''' ==


=A. Rent Increases and Notice=
Landlords can raise rents by a set amount each year and can apply for rent increases above that amount (RTA, s 43(1)). A tenant may also agree to pay a greater increase than the percentage permitted; this agreement must be in writing. If the tenant does not agree then the landlord is required to go through the dispute resolution process. The percentage for allowable rent increases is the inflation rate (Consumer Price Index, or “CPI”) plus 2 percent. The maximum allowable increase changes each January 1st; for 2015 the rate is 2.5%. Check the webpage titled Rent Increases (http://bit.ly/1cWKrDB) on the RTB website to find the maximum rent increase allowed for the succeeding year. The increase can occur every 12 months of the tenancy with the time period running from the date of the last rent increase for that tenant or the date the rental agreement was entered into (s 42(1)). A tenant may not apply for dispute resolution to dispute a rent increase that complies with s 43(1) (permitted increase or an Arbitrator ordered increase). If a landlord collects a rent increase that does not comply with the RTA, the tenant may deduct the entire increase from the rent. The tenant should communicate the reason for the deduction to the landlord before taking this form of action.


The landlord must give written notice of a rent increase at least three full months before the increase becomes effective (s 42(2)). If the notice of rent increase is not in writing in the approved form, it is invalid and of no effect. If the landlord gives notice of less than three months, or if the increase is to take effect less than 12 months from when the tenant moved in, or from when the tenant’s rent was last increased, the landlord does not have to issue a new notice. The original notice will self-correct and will take effect on the earliest lawful date, provided it is otherwise correct. The tenant should notify the landlord about any self-correcting dates.
Section 29 of the RTA provides that a landlord may not enter a rental unit except where:


A landlord may apply under s 43(3) of the RTA (additional rent increase) if one or more of the following conditions are met:
* 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


*after the rent increase under s 22 of the RTR, the rent is significantly lower compared to similar units in the same geographical area;
 
*the landlord has completed significant repairs or renovations that could not have been reasonably foreseen and will not recur within a reasonable period (s 23(1)(b) of the RTR);
* the tenant abandons the rental unit;
*the landlord has incurred a financial loss from an extraordinary increase in the operating expenses of the residential property; or
*the landlord, as a tenant, has received an additional rent increase under this section for the same rental unit.


The rent increase formula for Manufactured Home Parks is 2% plus inflation plus the proportionate amount of the increases to regulated utilities and local government levies.  
 
* 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)).


=B. Hidden Rent Increases=


The tenant can apply to an Arbitrator under s 27 of the RTA, if the landlord starts to charge the tenant for a service or facility previously included in the rent (e.g. for cable television or laundry that was previously free), or takes away a service or facility previously enjoyed by a tenant (e.g. stops providing cable television or laundry that was previously included in the rent, without decreasing the rent proportionately).
the landlord has an Arbitrator’s order authorizing the entry;


If the Arbitrator considers that the failure or reduction has resulted in a substantial reduction of the use and enjoyment of residential premises or of the service or facility, the Arbitrator can provide relief (e.g. allowing the tenant to pay less rent, or ordering the service or facility restored). See also RTB Policy Guideline 22: Termination or Restriction of a Service or Facility.
 
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;
 
== '''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.
 
 
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. There is no reciprocal right.
 
 
However, 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 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 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 Section IV: Moving In and Moving Out. A landlord cannot restrict access if a tenant has failed to pay rent.
 
 
=== 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).
 
 
== '''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).
 
 
 
{{REVIEWED LSLAP | date= July 29, 2019}}
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Revision as of 21:20, 23 November 2019



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 has an Arbitrator’s order authorizing the entry;


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;


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.


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. There is no reciprocal right.


However, 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 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 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 Section IV: Moving In and Moving Out. A landlord cannot restrict access if a tenant has failed to pay rent.


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).


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).


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 29, 2019.
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.