Reasons for Entry
- to inspect the state of repair of the premises;
- to make repairs;
- to control pests to ensure the property meets health standards;
- to show the property to people who may want to buy the property, or who may provide a mortgage for the purchaser; or
- to show the premises to potential tenants during the last month of a fixed term tenancy, or anytime after a periodic tenancy has been terminated by either the landlord or the tenant.
Who Can Enter the Property
The landlord can allow someone else to enter the premises on their behalf provided that person is entering for the purpose stated on the notice. For example, if there are plumbing repairs that need to be done, the landlord can give the tenant notice that a plumber, not the landlord, will be entering the premises on a specific date and time.
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. The notice must state the reason for entry and the date and time of entry.
Time and Date of Entry Requirements
The landlord must obey the following rules about the time and date of entry:
- Can only enter between 8:00 a.m. and 8:00 p.m.
- Cannot enter on a holiday.
- Cannot enter on the tenant’s day of religious worship (presumed to be Sunday unless the tenant has informed the landlord, in writing, of a different day of worship).
- Cannot give the tenant a notice to enter for more than one day. For example, the notice cannot say that the landlord will enter sometime between Monday and Saturday. The landlord must give a specific date and time for entry.
Serving the Notice
The landlord must serve the notice of entry on the tenant personally, by registered mail, or by certified mail. If these methods do not work, then the landlord can give the notice to another adult that lives in the unit, or the landlord can post the notice in plain sight on some part of the premises (i.e. the door to the unit). If none of these methods work, the landlord can send the notice electronically (i.e. fax), as long as it will result in a printed copy of the notice being received by an electronic device that is within the premises.
Entering Without Notice
The landlord can enter without giving notice for three reasons.
- First, if there is an emergency, the landlord does not have to give notice to enter. For example, if the landlord sees smoke coming from under the tenant’s door and thinks the property is on fire, the landlord can enter without notice.
- Second, if the tenant consents to the landlord entering, the landlord does not have to give notice. For example, a tenant may e-mail the landlord to have repairs done and give the landlord consent for a repair person to enter the unit on a specific day for the repairs to be done.
- Third, if the tenant has abandoned the premises, the landlord does not have to give notice to enter. For example, if the landlord has not heard from the tenant in over two months, the rent hasn’t been paid, and when the landlord contacts the tenant’s employer, the landlord is told the tenant no longer works there, the landlord may be able to treat the property as abandoned.
These are the only reasons that a landlord can enter the premises without giving a tenant notice. If the landlord enters without notice for any other reason, the tenant can file a complaint with Service Alberta.
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