Landlord's Right of Entry - June 2, 2005

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STATUTORY REFERENCES

Residential Tenancies Act (RTA) sections:

1(1)(f)  landlord definition
1(1)(j)  residential premises definition
1(1)(t)  tenant definition
1(2)  reference to tenant
16  landlord's covenant
23  entry of premises
24  locks and security devices
37  tenant's remedies

There are no sections in the Regulations relating directly to "landlord's right of entry".

GUIDELINES

A tenant is entitled to the possession and peaceful enjoyment of the residential premises they are renting. The tenant has to abide by the residential tenancy agreement and the obligations in the RTA (court case: #29).

The residential premises is the landlord's property and it is also the tenant's home.

The tenant should not be disturbed or inconvenienced by the landlord or anyone working for the landlord without a valid reason unless the tenant gives consent or gets the required notice at least 24 hours before the time of entry (court case: #30).

Entry with Consent

Consent is a voluntary agreement by a person to do something proposed by another. Consent under the influence of fear or terror does not amount to real consent.

A landlord may enter the residential premises with the tenant's consent. If the landlord obtains the consent of the tenant, a notice is not required. The time for entry would be arranged at a time convenient to both the landlord and the tenant. Landlords can phone or meet with tenants to obtain consent to enter the residential premises. Consent can be verbal or in writing.

If the tenant has made the landlord aware of needed repairs, the landlord may want to obtain the tenant's consent at that time to enter the residential premises to complete the repairs. Otherwise, the landlord will be required to give proper notice of entry.

Entry with Notice

A landlord may enter the tenant's residential premises without consent, but only after giving the tenant a written notice at least 24 hours before the time of entry, to:

  • Inspect the state of repair of the residential premises

  • Make repairs to the premises

  • Control pests as required

  • Show the premises to prospective purchasers or mortgagees

  • Show the premises to prospective tenants after the landlord or tenant has given notice to end a periodic tenancy or in the final month of a fixed term tenancy  

If a landlord needs to enter all or several residential premises in a complex, the landlord must give each tenant notice of the entry. For example: A landlord needs to enter all units to check the furnaces. A landlord cannot just post a notice of entry in the common areas of the building.

A tenant does not have to be present when a landlord enters the residential premises. The landlord has the right to enter as long as the landlord gives proper notice.

Form of Notice

A notice to enter the residential premises must:

  • Be served on the tenant at least 24 hours before the time of entry

  • Be in writing

  • Be signed by the landlord or the agent

  • State the reason that the landlord is entering the residential premises, and

  • State the date and time of entry that complies with the restrictions on holidays and hours of entry
     

The RTA allows a notice of entry to be served on a tenant in the following ways:

  • Personally

  • By registered mail

  • By certified mail

  • On any adult who apparently resides with the tenant

  • By posting it in a conspicuous place on some part of the residential premises   

If a landlord or tenant cannot contact the other party in person, by registered or certified mail or by posting a notice on the premises, the notice may be sent through electronic means i.e., fax or e-mail. The electronic method must result in a printed copy of the notice. The sender has to acknowledge their receipt of the notice.

Sliding a notice under the door of residential premises is not consistent with any of the previous five acceptable methods of serving notices.

Time of Entry

The notice has to state the time, or a period of time, that is reasonable when the landlord is going to enter between 8 am and 8 pm.

The landlord cannot enter on a holiday or a Sunday. If the tenant has a different day of religious worship, the tenant must give the landlord written notice of that day. A landlord can then enter on a Sunday, but not the day that is the tenant's day of religious worship.

Entry Without Notice

The landlord may enter the residential premises without permission and without giving the tenant any notice in two instances:

  • If the landlord has reason to believe there is an emergency

  • If the tenant has abandoned the residential premises

Entry for Emergencies

An emergency could be defined as an unforeseen combination of circumstances that calls for immediate action. Such things as smoke, unusual odors, flames, water damage, broken windows, heat or power failure, smoke detector alarm sounding and threat to life or property are considered emergencies.

A landlord may enter the residential premises without consent or notice when an emergency exists. If an emergency happens when a tenant is not home, landlords should phone the tenant, ring the doorbell and knock on the entrance to the premises before using pass keys. Contact attempts should be documented.

If the tenant changed the lock and did not give the landlord a key, emergency personnel can remove the lock or the door. The tenant has committed a breach of the RTA by not providing the landlord with a new key. (See the Security - Keys and Locks section.)

PRACTICAL APPLICATIONS

Abandonment

There are times when the tenant may be away for an extended period of time, but has not actually abandoned the residential premises.

A tenant may vacate the residential premises without giving notice to the landlord and while the tenancy is still in effect.

If there has been no communication from the tenant, the landlord must determine if the tenant has abandoned the residential premises.

Examples of the kinds of things that might cause the landlord to believe the residential premises appear to be abandoned by the tenant:

  • Rent has not been paid

  • Mail addressed to the tenant is still coming to the residential premises without being picked up, or alternatively is no longer coming

  • Utilities (if in the tenant's name) have been disconnected

  • The newspapers have accumulated

A landlord could talk to neighbours, friends, relatives, tenant's employer or references given by the tenant to see whether they can provide information (court case: #7).

If a tenant abandons the residential premises before the end of the tenancy, the landlord is still entitled to the rent that is owed for the remainder of the tenancy agreed to in the residential tenancy agreement.

The landlord must take reasonable steps to re-rent the unit. If the landlord rents the premises to a new tenant, the old tenant is no longer responsible to pay the rent from the date of the new tenancy.

Frequency of Entry to Inspect

The RTA requires inspection reports to be completed at the beginning and the end of the tenancy. However, good business practices suggest that an inspection should be conducted at least once a year in a long-term tenancy. Proper notice of entry has to be provided by the landlord.

Objecting to Notice to Enter

The tenant has the right (under common law) to object to the day or time the landlord wants to enter if it is inconvenient. However, the tenant must give the landlord another reasonable, alternate day or time to enter the premises. A tenant should have a valid reason for changing the time of entry. The fact that a tenant cannot be at home is not a valid reason for changing the time.

The common law principle requires a tenant who feels wrongly dealt with to bring their objection to the attention of the landlord as soon as possible.

The tenant's recourse is through a civil action where the judge would listen to both parties to the dispute and make a ruling.

FORMS

Notice of entry forms are available at a nominal cost from a number of organizations including the Landlord and Tenant Advisory Boards, the Calgary Residential Rental Association and the Edmonton Apartment Association.

Since the Residential Tenancies Act does not prescribe a particular form of notice of entry, landlords and tenants are free to prepare whatever form best suits their particular needs. However, the agreement cannot take away any of the rights, benefits or protections contained in the Act.