Quiet Enjoyment

The Basics

According to Section 28 of the Residential Tenancy Act (RTA), the principle of “quiet enjoyment” ensures that every BC tenant has the right to:

• reasonable privacy;
• freedom from unreasonable disturbances;
• exclusive use of their rental unit (except in situations where the RTA allows a landlord to enter); and
• use of common areas for reasonable purposes, free from significant interference.

A violation or “breach” of quiet enjoyment is most commonly associated with unreasonable noise, but can also include other disturbances such as excessive smoke, intimidation and harassment from the landlord or another tenant, and even repair work that takes away part of a rental unit for an extended period. According to Residential Tenancy Branch (RTB) Policy Guideline 6: “A breach of the entitlement to quiet enjoyment means substantial interference with the ordinary and lawful enjoyment of the premises…Temporary discomfort or inconvenience does not constitute a basis for a breach of the entitlement to quiet enjoyment.”

Quiet enjoyment gives you the right to be free from unreasonable disturbances – not all disturbances. For example, if you moved into an older apartment building, it would be reasonable to hear some noise from a child in the unit above you during the day, but unreasonable for the tenant next door to be regularly playing loud music past midnight.

See Residential Tenancy Branch Policy Guideline 6 for more information.

Exceptions

Supportive housing is exempt from the section of the RTA that covers quiet enjoyment. For more information, including a definition of “supportive housing”, please review this Order in Council.

Correcting a Breach

If you feel that your right to quiet enjoyment has been breached, contact your landlord in writing and give them a reasonable amount of time to correct the situation going forward. See TRAC’s template letter, Loss of Quiet Enjoyment. If the problem continues, you can apply for dispute resolution through the RTB to request an order that your landlord follow the law. Depending on the nature, length, and severity of the breach, you may also be entitled to monetary compensation. Claims about quiet enjoyment can be difficult to prove at dispute resolution, so do your best to gather clear and relevant evidence such as photos, videos, complaint letters, witness statements, and affidavit.

Landlord Entry

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:

• the date;
• the time (between 8am and 9pm); and
• a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord follows the law and provides proper notice in writing, they are allowed to enter your rental unit at the stated time, regardless of whether you will be home. If you are concerned about your landlord being in your unit alone, or you are not comfortable with seeing them at that time, try asking a neighbour, friend, or family member to be there on your behalf.

If your landlord enters your rental unit illegally, explain to them in writing that they are required to give proper written notice in the future. You can also apply for dispute resolution through the Residential Tenancy Branch (RTB) to request any of the following orders – especially if your landlord continues to enter illegally:

• an order that your landlord follow the law;
• an order giving you permission to change the locks and keep the only key;
• an order that sets conditions on when your landlord is allowed to enter; and
• an order that your landlord pay you monetary compensation.

While the Residential Tenancy Act does not require a landlord to provide proper written notice to enter onto a residential property (as opposed to a specific rental unit), the common law still sets limits on landlords in this type of situation. Unless there is an agreement to the contrary, landlords should generally only visit residential properties for reasonable purposes, such as collecting rent or serving notices. See Residential Tenancy Branch Policy Guideline 7 for more information.

Exceptions

There are some exceptions to the rules about landlord entry. A landlord can enter a rental unit without obtaining the tenant’s permission or providing proper notice in writing in the following situations:

• the tenant lives in supportive housing, as defined by this Order in Council.
• there is an emergency and the landlord’s entry is necessary to protect life or property;
• the landlord has obtained an order from the RTB granting them permission to enter;
• the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; and
• the tenant has “abandoned” the rental property according to the Residential Tenancy Regulation.

See section 29 of the Residential Tenancy Act for more information.