Landlord compliance with the Residential Tenancy Act?

The landlord posted the following statement on his website yesterday

Anoop's Statement

We respect that the landlord holds the opinion that he and his businesses are fully compliant with the Residential Tenancy Act. 

We offer the following as one example of many to consider. We will be posting more examples over the next several days.

Notice to Enter - August 14, 2014

This notice of entry was signed by Anoop Majithia, managing broker of Plan A Real Estate Services Ltd. and served on tenants’ doors on Thursday, August 14, 2014. The first set of notices of eviction for @1168Pendrell were issued that same day, likely posted on tenants’ doors at the same time.

Any emphasis in the following is added for convenience.

Section 90 of the Residential Tenancy Act states:

When documents are considered to have been received

90 A document given or served in accordance with section 88 [how to give or serve documents generally] or 89 [special rules for certain documents] is deemed to be received as follows:

(a) if given or served by mail, on the 5th day after it is mailed;

(b) if given or served by fax, on the 3rd day after it is faxed;

(c) if given or served by attaching a copy of the document to a door or other place, on the 3rd day after it is attached;

(d) if given or served by leaving a copy of the document in a mail box or mail slot, on the 3rd day after it is left.

Section 29 of the Residential Tenancy Act states:

Landlord’s right to enter rental unit restricted

29 (1) A landlord must not enter a rental unit that is subject to a tenancy agreement for any purpose unless one of the following applies:

(a) the tenant gives permission at the time of the entry or not more than 30 days before the entry;

(b) at least 24 hours and not more than 30 days before the entry, the landlord gives the tenant written notice that includes the following information:

(i) the purpose for entering, which must be reasonable;

(ii) the date and the time of the entry, which must be between 8 a.m. and 9 p.m. unless the tenant otherwise agrees;

(c) the landlord provides housekeeping or related services under the terms of a written tenancy agreement and the entry is for that purpose and in accordance with those terms;

(d) the landlord has an order of the director authorizing the entry;

(e) the tenant has abandoned the rental unit;

(f) an emergency exists and the entry is necessary to protect life or property.

(2) A landlord may inspect a rental unit monthly in accordance with subsection (1) (b).

The Residential Tenancy Branch Policy Guideline #7 states:

“The notice must be served in accordance with the Residential Tenancy Act. If the landlord leaves the notice in the mailbox or mail slot, or attaches it to the door or other conspicuous place on the rental unit, the notice is not deemed to be received until 3 days after posting or placing it in the mailbox or slot. If the notice is sent by mail, the notice is not deemed received until 5 days after mailing. If the notice is sent by fax, the notice is not deemed received until 3 days after faxing it. This additional time must be taken into consideration by the landlord when advising of the date and time of entry.

Other organizations appear to understand this concept. From the Canada Mortgage and Housing Corporation:

“Permitting Landlord Entry to the Premises (Times and Reasons)

Landlords must give a minimum 24-hour up to a maximum of 30 days written notice stating the time and purpose of entry, unless either the tenant consents or there is an emergency. Non-emergency entry is allowed between 8 a.m. and 9 p.m. unless the tenant agrees to another time. If notice is not served in person, it must be taped on the door or served in the mailbox and 3 days must pass before the landlord enters the premises. The Landlord may enter if the RTB issues an order to enter. The tenant may refuse entry if either no reason is given or it is unreasonable according to the RTB.”

Isn’t this something that is taught in Landlord101?

Can someone remind me how many years of rental property management experience does the landlord and his property manager have?

Now imagine for a moment: you come home from work Thursday night at 10 pm and find this notice of entry on your door. You are confused because you’ve just had two landlord suite inspections in the past 7 days. Then you find out that your landlord has served 6 of your neighbours eviction notices that same day and he has posted on your door that he is coming into your apartment in less than 24 hours.

Wouldn’t you like to be at home when the landlord enters for a third suite inspection in the first 11 days that the landlord took possession of the building?

Wouldn’t you be worried if the purpose of the landlord’s “inspection” is to find some reason to evict you?

What if you can’t get time off work to be present when your landlord is inside your suite?

What if you are so distracted at work the next day you can’t get anything done because you are wondering what your landlord is doing inside your apartment?


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