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fc10a3 05-17-2009 08:19 AM

Renters Troubles
 
I have taken over as property manager of a house. The tenants who live there have changed the locks on me and I can't do an inspection of the place, (elctrical, water heater etc.) I have given them 24 hrs notice to provide keys and let me gain entry, however these tenants have been trouble since the start and i don't believe they will comply. I'm just trying to confirm if i need a police officer there to enter the premisses if they don't provide me entry. Thanks for the help.

Inaii 05-17-2009 07:47 PM

I'm going to bump this since it's important, I looked on the rental board's website and it just says that it's an offense to do so, but not the requirements of what is needed in order to enter lawfully.

If none of the officers on the board know (as they seem to be all traffic related officers), I would maybe try calling the non-emergency line and asking them. Or (if they're open) I can walk over to the RCMP station on Kingsborough and find out for you (since no one appears to know the answer).

sho_bc 05-17-2009 11:46 PM

As this is a civil issue, why not contact the Residential Tenancy Board folks, who would know the most about this sort of issue. A police presence in a situation like that would be make sure that there was no criminal acts committed (assaults, etc), to keep the peace.

Inaii 05-18-2009 02:37 AM

Would it not also help to have a police presence so that not only is it on file that they tried to prevent him from gaining access, but just in case they try to say he forced his way inside? If they go to the RTB, they're going to protect the tenant, not the landlord. And having a police witness that no unlawful acts were committed would be a good idea in my opinion.

Or would they just not show up since it isn't an emergency?

fc10a3 05-18-2009 08:17 AM

Sorry for asking a non traffic/driving related question, but i've seen other similar questions on here so i thought i'de give it a shot. I'm going to the apartment tody to find out if they allow entry, if they don't, Im going to phone the non emergency line and ask if an officer can show up. Thanks for the help guys.

projectcivic 05-18-2009 08:57 AM

Its been a while since I read the tent. act or a rental agreement for that matter but i could have sworn then it said you can't change the locks with out the landlords permission and the landlord has the right to inspect with enough given notice (ie. 24hours notice?).

Rich Sandor 05-18-2009 09:25 AM

I had a tenant do this a couple years ago. The first thing I did was approach them and politely remind them that it's against the tenancy agreement to change locks unless it's an emergency situation, and even then they must provide the landlord with a key immediately. I told them that we will never enter the suite without their permission unless it's an emergency, but if they insist on not giving me a key, I will have to serve notice and evict. They offered to give me a key in a few days, I said no, give me one of the keys you have now, and make another copy for yourselves later. You've got to be nice, but also firm at the same time. It also helps to set that tone from the very begining when you pick up new tenants. You need to have some Leadership/Pyschology/People skills otherwise tenants will take advantage of you.

nipples 05-18-2009 06:53 PM

Quote:

Originally Posted by projectcivic (Post 6427369)
Its been a while since I read the tent. act or a rental agreement for that matter but i could have sworn then it said you can't change the locks with out the landlords permission and the landlord has the right to inspect with enough given notice (ie. 24hours notice?).

not necessarily true. if they go by the book they're gonna want it in writing. atleast 24hrs in advance. and not earlier than 30days prior. your stay will also have to be between 8am-9pm. and it must be for a valid reason.

they're also not allowed to change locks without your permission. in case of an emergency like a fire, you can remove the door.

best bet would be to go to the rta website, print out the dispute resolution form and wave it in their face. they wont protect the tenant as it's clear theyve broken the act. regardless of any inherent biases favoring tenants or against landlords, it's clear theyve changed the locks. i doubt the officers are gonna say 'are u sure u didnt use the wrong key?' kinda comments.

Having a police officer there will do nothing other than keeping the peace incase things escalate. and if that happens, i hope you serve them with papers on the spot.

The police will not enforce rta rules, nor should they.


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