When can a landlord enter your rental home?

One fear most tenants have revolves around the concern of when the landlord can enter their premises and for what reason. The question is: when can a landlord enter your rental apartment, and does the landlord need to provide you with notice. Thankfully, there are rules that govern landlords on whether they can make unexpected visits to your home. Generally, prior written notice must be given to a tenant but under certain situations, a landlord may enter the property without notice.

Your rights as a tenant

Tenants have a right to privacy, and a right to undisturbed possession from the landlord. The wording used in different provinces varies between reasonable enjoyment and quiet enjoyment. There are many different circumstances that could lead you to believe that the landlord is interfering with your quiet enjoyment. Examples include:

1. The landlord entering the rental premises frequently and without notice or permission;
2. The landlord causing unreasonable and ongoing noise, ie. from repairs construction maintenance etc.;
3. The landlord intentionally removing or restricting services explicitly promised in the rental agreement;
4. The landlord allowing the property to fall into disrepair

Entering with Written Notice

Your landlord – except in extraordinary situations as provided by law – needs to provide written notice that outlines when and why he wants to enter your property. This must be done at least 24 hours in advance. Unless such notice has been served upon you as provided in your Provincial legislation, a landlord may only enter your property under a few exceptions. Below are some examples of entry with notice:

1. Fixing something or to check on appliances that are no longer working
2. Making sure the home is safe (such as installing smoke alarms)
3. Showing the home to someone who wants to buy it
4. Other reasonable reasons stated in the signed rental agreement or provided by law

Entry without written notice

1. Emergency

Each province has its own residential tenancy legislation that sets out the circumstances when a landlord can enter without notice. Generally a common thread is that a landlord can enter the property in the case of an emergency. An emergency is usually defined as something that is both unexpected and dangerous. A good example would be a fire or flood. In these circumstances, your landlord does not need to provide notice before entering your property. Repairing something that has broken in your home does not count as an emergency.

1. Consent

You can always consent to the landlord entering your property.

1. Provision of services set out in rental agreement

The landlord, or his agents, could enter their property for a variety of reasons outlined in the rental agreement. For example, a housekeeper could enter the property on the agreed times of the rental agreement. These services generally have to be between certain hours of the day. Check with your local landlord and tenant bureau for the hours of when the landlord may provide these services.

There are other issues, like moving, when written notice is not required and again, your local authority will set the hours. All in all, neither side can abuse their rights when it comes to this area, as the law is clear that provided parties act reasonably and follow the law. The local tribunal will generally support them.

Most provincial governments offer easy access to help. Go online, check the blue pages and know your rights whether a landlord or a tenant.

Authorities

“Can a Landlord Enter My Home?”

Government of British Columbia “Residential Tenancy Policy Guide”

Tenant Resource and Advisory Centre: Legal Information for BC Tenants “Landlord Guide”

Canada Mortgage and Housing Corporation. “Renting a Home”

Legislation

Residential Tenancies Act 2006

The articles provided herein are for general information purposes only and not intended as or to be relied upon for legal advice. Consult with a lawyer for your unique situation.