Owning a rental property requires understanding your rights and your tenants rights. One area that is often misunderstood is access to a tenanted rental unit. Even though you own the property, when the tenant lives in your unit, you must follow the rules regarding accessing the property.

The residential tenancy act provides the authority for landlords to access them under certain conditions. A landlord may inspect the rental unit on a monthly basis when they provide the required notice. Section 29 1,b of the Act requires owners to provide at least 24 hours notice to enter the unit, and that notice must not be more than 30 days before the entry. This notice must also specify why the unit is being accessed, which must be reasonable, the time entry will occur which must happen between 8am and 9pm. Landlords should not provide a notice for inspection then when onsite begin performing repair work to the property without the tenant’s approval.    

The confusing part of 24hr notice is how you deliver the notice. If you agree with the tenant verbally or by email on a time then you can access the unit at the agreed upon time. We suggest a confirmation email or letter confirming the verbally agreed upon time for reference in the event there is an issue to the reason for the access. 

If you send a letter in the mail or post a notice on the door of the rental unit then you must wait the allotted time for it to be deemed received. Section 90 of the Residential Tenancy Act outlines when documents are considered received. If the notice is mailed it is deemed received 5 days after it is mailed. This means if you mail a 24hr notice and enter the unit before the 6th day, you have not provided the tenant proper notice. If the notice is posted on the unit door or sent by fax, it is deemed received 3 days after, or the fourth day. If the notice is posted on a door on Monday the earliest you can enter is Friday, as the notice is not deemed received until Thursday, then 24hrs would equal Friday.

The Residential Tenancy Act does allow for access without notice in the event of emergency to protect life or property, like in the event of a flood. This is why it is important to have a key for access in the event of an emergency. Other reasons for access include the tenant has abandoned the unit, the landlord has an order from the director authorizing entry, or the tenancy agreement provides for access for services provided which could include housekeeping services.          

Cartref Properties specializes in managing rental units located within Strata Corporations. 

Need assistance with your rental property contact us for an evaluation of your needs.

www.cartrefproperties.com