When a landlord sells a rental property, tenants have a legal right to peace and quiet in their unit while the tenancy continues.
Tenants must receive proper written notice of entry from the landlord or the landlord’s agent. This notice cannot be sent by text message.
The landlord may not stage the rental unit without the consent of the tenant.
The tenant, or the tenant’s agent, has the right to be present during any showings, though the tenant is not required to be present.
During showings of the rental unit, the landlord or the landlord’s agent is required to ensure the safety of the tenant’s possessions.
The tenant has a legal right to peace and quiet while the tenancy continues and showings occur. The landlord or their agent must provide written notice to the tenant or have their permission to enter and show the unit to prospective buyers, or to conduct an open house.
Ideally, a tenant and landlord can agree on a schedule for viewing times in writing. If not, the landlord must give the tenant 24 hours written notice for each showing of the unit. These showings may all be on the same day, or a reasonable number of scheduled days.
When the landlord has given proper notice, they can show the rental unit even if the tenant isn’t home. A landlord can enter common areas of the property at any time without giving the tenant notice.
During showings of the rental unit, the landlord or the landlord’s agent is required to ensure the safety of the tenant’s possessions.
A tenant may refuse entry that’s unreasonable or unlawful.
Unreasonable entry could mean all-day showings every Saturday for several weeks. Unlawful entry could mean that the landlord or the landlord’s agent has not provided proper notice of entry as described above.
A tenant who believes the landlord has sought unreasonable or unlawful entry may submit an application for dispute resolution to suspend or set conditions on the landlord’s right to enter the rental unit.
When the landlord has given proper notice to enter the rental unit, the tenant must not prevent the landlord’s access (or access by the landlord’s agent).
The tenant, or a representative of the tenant, may be present when the rental unit is entered. The landlord cannot require that a tenant leave when the rental unit is shown.
When a rental unit is being shown to prospective buyers:
See the updated recommendations on open houses on the BC Financial Services Authority website for more information.
A standard showing of a rental unit requires the landlord or the landlord’s agent (for example, a realtor) to accompany any prospective buyer. With open houses, multiple prospective buyers or agents may attend the property at the same time. This can mean varying levels of direct supervision by the landlord’s agent.
Landlords should be aware of the tenants’ right to quiet enjoyment and avoid holding multiple open houses in a short period, as these have the potential to be disruptive.
Ideally, the landlord, the landlord’s agent and the tenant can agree on a schedule for an open house. A written agreement outlining the open house terms and schedule is the best way to prevent or resolve any concerns.
If the parties are unable to agree, the landlord may give the tenant a notice of entry with the date and time of the open house.
If the tenant refuses entry to the landlord, or if the landlord schedules an unreasonable number of open houses, either party may choose to apply for dispute resolution as a last resort.
The tenant or the tenant’s agent may remain in the rental unit during the open house.
Tenants cannot interfere with the landlord’s legal right to seek a buyer for the property during the open house. This could include making comments about the landlord or the condition of the property.
Tenants who will not be home during an open house should:
If a tenant unreasonably refuses access to show the unit or provides misleading or inaccurate information to prospective buyers, the landlord can take steps to resolve the problem.
A tenant can choose to dispute a notice to end the tenancy by applying to the Residential Tenancy Branch for dispute resolution within the allotted dispute timeline. A tenant who doesn’t dispute a notice must move out by the effective date of the notice. The landlord may apply for dispute resolution to request possession of the unit once the dispute period has passed.