The landlord does not need the tenant’s consent to enter the property. If the tenant is concerned about not being present at the time of entry, they can contact the landlord to see if they can work out an alternate time that would work best for both of them.
Can a tenant refuse access to landlord?
Legally, your landlord would have to apply for a court order to get access. You could be at risk of section 21 eviction if you rent privately and refuse access for repairs or gas or electrical safety checks.
Can I refuse a viewing as a tenant?
You do not have to allow viewings if they are not mentioned in your contract. You could say that they must only take place at certain times. If you refuse viewings and your agreement says you must allow access, you might find it difficult to get a reference or have problems with getting your deposit back.
Can a landlord enter without notice in Alberta?
Notice Requirements
The notice of entry must be in writing and be signed by the landlord or landlord’s agent. It must be served on the tenant at least 24 hours before the time of entry.
Can a landlord force entry?
A landlord can only enter a rented property with the tenants’ permission and after explaining why they need to get in. This might be to inspect the property, complete the annual gas safety check or to fit a new washing machine or other appliance, for example.
What to do if tenant refuses access to property?
If a tenant refuses access you should make them aware that this is a breach of contract and they may be sued for damages. Take this opportunity to remind them of their legal obligations to allow access for repairs.
How many times can a landlord visit?
While there is no landlord handbook, inspecting a property every month is excessive. In some cases, this could be deemed as harassment – especially if there is no valid reason to conduct an inspection. In the case of new tenants, it’s a good idea to visit the property three months into the tenancy.
Do I have to let my landlord take photos?
Tenants have the right to private enjoyment of the property they are renting. The landlord or their representative are entitled to inspect the property at regular intervals, however the tenant can object to photographs being taken which include their personal belongings, photographs or items that could identify them.
Do tenants have to be present for viewings?
Can the tenant refuse the landlord access for viewings? I believe so, yes. If the tenant doesn’t want to allow access, whether it be for viewings, inspections or general maintenance, that’s their statutory right. The tenant has the right to possession and to the lawful use and enjoyment of the premises.
What to do if landlord enters property without permission?
Copy it into an email or message to your landlord or agent. I’m writing about your unannounced visits to [your address]. I’m concerned that you’re visiting my home without a good reason and entering my room without permission. I have a tenancy for my room and a lock on my door.
What are my rights as a tenant in Alberta?
A tenant cannot withhold rent in Alberta for reasons such as a landlord has not made repairs to the rental property. If they do, the tenant is at risk of a landlord issuing a 14-day Notice to Terminate on the grounds of failure to pay rent. Instead, the tenant should apply to the RTDRS to resolve the situation.
How do I kick a tenant out in Alberta?
All notices must:
- be in writing.
- give the address of the residential premises.
- be signed by the landlord or the landlord’s agent.
- set out the rent that is due and any additional rent that may become due during the notice period.
- state the reasons for the eviction.
- state the date the tenancy ends.
How long does it take to evict a tenant in Alberta?
In Alberta, an eviction can take 24 hours (if the tenant threatens the landlord) but is usually done in 14-28 days.
Can I change the locks on a rented property?
Once a tenant has moved into the property, it becomes their home and they can change the locks if they choose. They are not legally obliged to give the landlord a key, unless this is included as a clause in the tenancy agreement.
Can my landlord access my property?
As a tenant you have certain legal rights including a legal right to live in your property undisturbed by your landlord or the letting agent. That means that your landlord and the letting agent cannot enter the tenanted property without your agreement or permission.
Can my landlord just turn up?
Unless there is an emergency, your landlord or their agent must give you at least 24 hours’ notice if they intend to visit. It must be at normal times of the day and for legitimate reasons – that is, to check the condition of the property or to do repairs, or for inspections required by law, such as gas safety.
How often should a landlord inspect a property?
It is wise for landlords to conduct a property inspection every quarter. If you have carried out frequent positive inspections from the same tenants, then you could reduce this to every six months.
Can a landlord walk around your property?
The landlord must give you 24-hour advance written notice before entering. The notice should state a specific time of entry, which must be during normal business hours.
What happens if a tenant refuses to leave a property?
If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession – this means bailiffs can evict you from the property.
What do landlords legally have to do?
Your landlord has to do anything your tenancy agreement says they have to do. Your landlord is also generally responsible for keeping in repair: the structure and exterior of your home, for example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors.
Can a landlord have cameras on tenants?
While it’s perfectly legal for a landlord to install CCTV cameras to protect their premises against suspicious activity, potential break-ins or theft. Tenants can also install CCTV cameras just as long as they’re monitoring the front door of their apartment, their parking space, and the interior of their apartment.