When a Tenant Refuses Entry in Alberta

Not if your notice is valid. Under section 23 of the Residential Tenancies Act, a tenant cannot turn away a landlord who has given proper written notice, and cannot block entry just because they will not be home. The tenant does not have to be present, and you cannot insist that they leave while you are inside.

The reverse is also true. If your notice is missing, late or incomplete, and there is no emergency, the tenant can say no. The government's own tenant pages say so directly.

This guide covers your next steps. For the notice rules from the tenant's side, see the Alberta entry guide.

Most refusals that turn out to be lawful trace back to a notice that missed a requirement. Before anything else, check yours against this list.

1. It is in writing and signed by you.
2. It states the reason for entry.
3. It gives the date and the time of the visit.
4. It was served at least 24 hours before the time of entry.
5. The visit falls between 8 a.m. and 8 p.m.
6. The day is not a holiday, and not the day the tenant has told you is their day of religious worship.
7. It covers one entry only. A notice that covers several days is not allowed, so each visit needs its own.

The Residential Tenancies Act Handbook repeats these points. If any item is missing, serve a corrected notice rather than arguing at the door.

The reasons for entry with notice are a closed list. You may enter to:

• inspect the state of repair;
• make repairs;
• control pests;
• show the unit to prospective buyers or mortgage lenders, directly or through a real estate broker;
• show the unit to prospective tenants, but only after you or the tenant has served a notice ending a periodic tenancy, or during the last month of a fixed term.

A showing to a possible buyer can happen at any point in the tenancy, as long as the notice is proper. A showing to a possible new tenant cannot happen early. If you have not served a termination notice and the lease is not in its final month, a refusal to let applicants walk through is lawful.

A social visit or a general check on how the tenant is doing is not on the list. Pest control and repairs are different from showings because the health standards expect tenants to allow access for them. The tenant may still ask for a reasonable arrangement, but they cannot refuse a properly noticed visit.

You may enter without consent and without notice if you have reasonable grounds to believe either of two things: an emergency requires you to enter, or the tenant has abandoned the premises. Those two are the only no-notice exceptions apart from consent.

Be careful with abandonment. The Handbook lists signs such as unpaid rent, uncollected mail, disconnected utilities and piled-up flyers. It also warns that a tenant who is simply away for a while has not abandoned the unit. Even where you think the unit is abandoned, the Handbook advises serving the 24-hour entry notice to be safe.

Treat "emergency" literally. A slow leak you could fix next week, or a tenant who is hard to reach, is not the kind of situation the exception is written for. Note what you saw and why you acted, in case you later have to explain it.

1. Re-check the notice. Use the list above. If anything was off, fix it and serve again.
2. Talk to the tenant. Ask what the objection is. A shifted time within your legal window often solves it, and a new notice will still be needed for the new time.
3. Serve a fresh, valid notice. One notice per entry, with a reason from the list.
4. Keep a record. Save copies of each notice, note when and how you served it, and write down what happened at the door.
5. Use the emergency exception only for a real emergency.
6. Apply for an order if refusals continue. You can go to the Residential Tenancy Dispute Resolution Service (RTDRS) or to court. The Act lets a landlord seek damages that result from a breach of the agreement.

The government sources do not name a special penalty for refusing a valid entry, and they do not describe an access order. The Act does define a tenant's substantial breach as a breach of one of the tenant promises in section 21 or a series of breaches whose combined effect is substantial. Whether repeated refusals meet that test is for RTDRS or the court to decide, and a tenant who objects to a 14-day notice for a breach other than rent can force you to get an order. Do not assume the answer.

The RTDRS filing fee depends on the claim: $75 for claims of $7,500 or less and $150 for claims over $7,500. Hearings are held by telephone.

If the tenant refusing is also behind on rent or has been given a notice, see ending a tenancy in Alberta for the notice rules.

Entering in a way, or for a reason, that does not follow the Act is an offence. Fines can go up to $5,000 under section 60. The same fine applies to the lock rules and to the retaliation ban.

• Do not enter without valid notice unless consent, an emergency or abandonment applies.
• Do not change the locks to shut the tenant out or to deny them access while they still live there. Neither side may add or change locks on doors to the unit or the building without the other's consent. You may change or add a lock if you give the tenant a key as soon as the change is made.
• Do not retaliate. You may not end a tenancy, or take other retaliatory action such as a financial penalty, only because the tenant applied, complained or gave evidence under the Residential Tenancies Act or the Public Health Act.

A tenant may add a lock that works only from inside, such as a chain. The government says they may not use it to keep out a landlord who gave proper notice.

For more on tenant refusals in plain language, see Can a tenant refuse entry to a landlord? and Are landlords allowed to enter the property?.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.