- March 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Landlord-Tenant Situation: Access to Rental Unit
## Background:
I own a 2-bedroom apartment that I rent out to a tenant. Recently, I informed my tenant about my plans to sell the apartment and the need for access to the rental unit for showings to potential buyers.
## Legal Rights and Responsibilities:
According to Section 29 of the Residential Tenancies Act (RTA), landlords are permitted to access rental units with a 24-hour notice to tenants. The notice should include the date, time, and purpose of entry.
## Current Issue:
My tenant is refusing me access to the rental unit unless I provide a 50% reduction in his rent, which is not a requirement under the RTA.
## Course of Action:
In this situation, it is essential to adhere to the guidelines outlined in the RTA. One possible method to resolve the issue could be to seek assistance from legal resources such as the AI Legalese Decoder. This tool can help decode legal jargon, provide insights on tenant-landlord rights, and offer guidance on navigating complex legal situations effectively.
## How AI Legalese Decoder Can Help:
By using the AI Legalese Decoder, landlords can better understand their legal rights and obligations, thereby enabling them to make informed decisions and take appropriate actions in situations like access to rental units. This tool can empower landlords to communicate effectively with tenants, address disputes in compliance with the law, and ultimately, maintain a harmonious landlord-tenant relationship.
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****** just grabbed a
NAL
If your tenant is uncooperative, even after you gave valid notice to enter, you have three possible options:
1: discuss the situation with the tenant. This likely wonÔÇÖt produce much result given what the tenant is ÔÇÿrequesting in exchangeÔÇÖ.
2: ask/recommend them to contact the RTB. This may or may not work as itÔÇÖs mostly to let tenant know what you are allowed or not allowed to do.
3: serve one month notice to end tenancy for cause (RTB form 33 that is available [here](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/sell-rental-property/showings#) near the bottom.
Option 3 is likely your best option in this situation. Once you have given one month notice, the tenant can choose to dispute it within the allotted timeline.
If the tenant does not dispute it, they must move out by the effective date of the notice. If the tenant refuses to leave by the date, you will have to contact RTB for dispute resolution. However, given the backlog, the process may take some time.
Edit: I realized I only provided partial answer.
As for access to the unit itself, as long as you give proper notice, you can show the rental unit even if the tenant isnÔÇÖt home.
NAL, but I have direct experience with an almost identical situation.
We had a tenant who had been renting from us for years, and were on month to month. We informed them of our intent to sell, and they told us we could not enter the unit. With 24 hours written notice given, our realtor attempted to enter to show the unit to prospective buyers, but the tenants changed the locks and left large dogs inside. They removed the for sale sign on multiple occasions. After 6 weeks of this back & forth, we served them with an eviction notice.
Long story short, they took us to court, as they had a family member who was a lawyer. It cost us $25,000 (which could not be recouped, as the max court costs awarded for tenancy issues is around $1,000 in my province), and took 8 months, but we finally got an eviction order.
People like your tenant and mine are unpredictable and irrational, and I wish you the very best of luck getting your tenant out. You may be best served to negotiate with the tenant – there is a very long wait to be seen by the RTB (which is why we went to court instead of waiting for the RTB), and my experience in court was extremely costly & disappointing.
Yeah. They asked for 50%. Disregard. Make sure you have proof of written notice that you are using your right as property owner to access property, after given required notice. Be sure to tell them that you are not going to reduce the rent and that you are going to access the unit at your desired time, feel free to include any references to your rights to do so
Do you have a key? Just let yourself in at the time you told them you would.
I’ve had a similar situation and as per my lawyer interfering with viewings is interfering with a sale. The tenant can be sued for damages. This isn’t official legal advice but my lawyer did tell me that and I had my lawyer send the cease and desist to my tenant and he was very cooperative with the viewings after. Speak to your lawyer or go the eviction road. Interfering with a sale is a big deal. Far more than most people know.
There is a bunch of qualifications on the notice requirements in the RTA you should be aware of. First, it must be written and delivered in person to be effective. Otherwise it much be posted on the door and is not deemed to be received for three days following. Any notice is not deemed to be received until the end of day you deliver it. So that means, if it is given in person on a Monday, it takes effect that night and spans for the duration of the following day and the earliest time of entry is 8:00am on Wednesday. If it is posted on the door, add three days onto the time. So notice posted on Monday at midnight, it is received on Thursday, then the 24 hours takes effect and the earliest entry is on Saturday at 8:00am.
Your tenant has the right to quiet enjoyment of the suite. That means you showing the property must be ÔÇ£reasonableÔÇØ. For instance, best practice is to host one day for prospective buyers to view the place and provide your tenant at least a weeks notice.
What you canÔÇÖt do, is send a text the day before saying you are showing the suite the following day. Effective notice must abide by the provisions of the Act and its regulations. If you whimsically bring random one off buyers at your own leisure you could be liable for interfering with your tenants quiet enjoyment.
If the place does sell, the current lease travels with the land and the new buyer becomes their landlord. They can then evict for landlords use if they desire, but there are notice and compensation requirements if that is the case.
Edit: do not listen to anyone telling you to offer an eviction. This is not grounds for eviction, and if your tenant disputes it they will stay your tenant until the hearing date (which is often close to a year later). During this period, you are going to run into significant challenges selling the place with an active dispute with a tenant that guarantees their tenancy until the hearing.
You have a key right? You are giving good notice that exceeds the legal standard right? Then you don’t need to do anything more. You access the apartment. If they are there then don’t go in. Document their lack of cooperation and leave.
Also, ask for entry for an inspection. Make it clear that this is not about the sale. Document their acceptance.
No, you can’t give notice for this. However, with documentation, you could defend an RTB33 for “seriously jeopardized … lawful right of … the landlord” or “significantly interfered with … the landlord”. This is why you documented their demands and refusals. However, this is the nuclear option and it could backfire.
I’m curious why you are lost in this matter. Are you unfamiliar with tenancy law? If so you want to learn more about it before this goes to the RTB. Landlords are expected to know the law in overview and in specificity for the situation they are dealing with.
You’re not asking for permission to enter, it’s a notice… So after 24 hours, go and enter.
You should have a key. If you don’t, bring a locksmith to change the locks while you’re there and issue the TT a new key, and keep the spare.
I also worry that you’re not regularly inspecting your unit.
I’m confused. You don’t have a key? You notify them and then you go and open it and go inside. If he’s changed the locks, show up with a locksmith, which gets taken out of the deposit/billed with the next month’s rent. If he’s uncooperative, then you call the police from the unit and have your property title and the notice on hand.
Call the police and tell them you feel unsafe showing your unit to buyers because the tenant is hostile. Also tell them you’d like to file a police report for extortion, where they tried to reduce their rent by 50% illegally, and keep the file number for evidence with the RTB.┬á┬á
 Then give at least 24 hours notice to the tenant and most likely police will come talk to him before about his nonsense and lie about some threat, or the police will escort you and the buyer at the time of entry.
┬á Get started on the eviction papers, they will dispute if they aren’t lazy and it will take about 1-4 months to finally evict them. It might be easier to give them $1500 to move out April 1st, tell them you’ll bring them cash and they get it if the apartment is empty.
┬á After the RTB process and eviction, you can file with the BC civil resolution tribunal online for the rent owed by the tenant.┬á It’s pretty easy to file for all those things, it’s a matter of patience but if you have none and don’t want to deal with the stress try bringing them to leave next month.┬á┬á
Or you can stress that you will try to be your nicest and not do showings, 5 days a week, as is your right (probably legally can so 3-5 days per week), but rather one or two long days per wee…
but if he “isn’t willing to communicate about this issue fairly you will have to go forward with what works best for you”.┬á
┬áGood luck, don’t stress, it’ll be over by July if you get the paper work and legal steps done Monday.┬á