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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 10, 2021}} | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
== '''A. Right of Entry''' == | == '''A. Right of Entry''' == | ||
Section 29 of the RTA provides that a landlord may not enter a rental unit except where: | 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; | *an emergency exists and the entry is necessary to protect life or property; | ||
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**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; | **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; | ||
the landlord has an Arbitrator’s order authorizing the entry. | * the landlord has an Arbitrator’s order authorizing the entry. | ||
== '''B. Quiet Enjoyment''' == | == '''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: | Section 28 of the ''RTA'' provides protection of tenant’s right to quiet enjoyment. A tenant’s right includes but is not limited to: | ||
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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)). | 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)). | ||
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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. | 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. | ||
=== 1. Tenant: Changing the Locks === | === 1. 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). | 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''' == | == '''D. Cash Payment Rules''' == |
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