Residential Tenancies Branch

s. 54, The Residential Tenancies Act

Definitions

Listing agent: the person or company that the landlord hires to sell the rental unit.

Either the landlord or the listing agent must give the tenant written notice to enter the rental unit, to show the unit, when it’s for sale.

The notice must include the reason for entering and the date and time of the showing.

The tenant must get notice not less than 24 hours and not more thantwo weeks before the time of the showing.

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The tenant has the right to object to the day or time for the showing, if it’s not convenient. However, the tenant must suggest a reasonable alternate day, or time, when the unit can be shown.

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A landlord or listing agent may hold an open house in a rental unit. The tenant must also receive proper notice of an open house.

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If more than one agent wants to show the unit, arrangements are usually made through the landlord or the listing agent. The landlord or listing agent doesn’t have to be present when another agent is showing the unit.

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If a landlord takes pictures of the inside of a tenant’s rental unit, for display purposes, the pictures must not show the tenant’s more portable personal belongings, unless the tenant gives permission. For example, television, stereo, VCR, microwave, etc.

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When a tenant knows a landlord or their agent plans to enter the rental unit to show it to prospective purchasers, the tenant should take reasonable steps to prevent loss of their personal belongings.

Procedure

Overview

An officer receives a complaint from a landlord or tenant about entering a rental unit. The officer contacts the other person to discuss the complaint. The officer encourages the landlord and tenant to agree on entry. If necessary, the officer issues an Order.

Steps ▼

When a tenant refuses to allow a landlord or real estate agent access to a rental unit:

1. An officer receives a complaint from a landlord that a tenant is refusing to allow the landlord or their agent to enter a rental unit. The officer ensures that the landlord gave the tenant the required notice.

2. The officer contacts the tenant to discuss the landlord’s concerns. The officer explains the landlord’s rights to enter the rental unit. The officer encourages the landlord and tenant to agree on a time for the landlord or agent to enter the unit. If the landlord and tenant agree, the officer may put the agreement in writing.

3. If the landlord and tenant can’t agree on a time for entry, the officer may issue an Order setting a time and date when the landlord is allowed to enter the rental unit.

When a landlord or real estate agent enters a rent unit without proper notice:

1. An officer receives a complaint from a tenant that their landlord or an agent has entered the rental unit improperly. The officer asks the tenant for information on the date and time of entry and how the tenant knows the landlord or agent was in the unit. In some cases, the officer may ask the tenant to make a written statement about their complaint.

2. The officer contacts the landlord to discuss the tenant’s concerns. The officer explains the landlord’s responsibility to give notice before entering the rental unit. The officer cautions the landlord about entering without proper notice. The officer may send a letter confirming the information they gave to the landlord.

3. If the landlord or agent enters the rental unit without proper notice again, the officer may issue an Order not to enter the rental unit without notice.
   

4. If the landlord or agent continues to enter, the officer may allow the tenant to end the tenancy agreement and file a claim for compensation for moving costs against the landlord.

   
   

Forms & Form Letters

X-Referencing

Policy Developed

September, 1992

Last Revision

March, 2004

Other Resources

None

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