Tenant Refuses Entry: A Newfoundland and Labrador Landlord Guide

Not after you have given proper notice. Under the Residential Tenancies Act, 2018, you may enter at a reasonable time without the tenant's consent if you gave written notice of the time of entry at least 24 hours before. The Residential Tenancies Office says you can do this even when the tenant is not home.

Without that notice, the tenant can say no, unless one of the other listed cases applies. These rules are part of every tenancy in the province and cannot be changed by a lease clause.

The Act does not set fixed hours of the day. It says only "a reasonable time", so choose a time that is hard to argue with. Tenants who want the other side of this rule can read the tenant guide to landlord entry in Newfoundland and Labrador.

Outside the cases below, you need the tenant's consent.

A routine inspection during the tenancy is an ordinary entry, so it also needs the written 24 hour notice. The Residential Tenancies Office recommends condition reports at the start and end of a tenancy, but the law does not require them. If you want to know more about ending a tenancy first, see landlord notice to end a tenancy in Newfoundland and Labrador.

The Office publishes a form called Landlord's Notice to Enter Premises on its forms page. Its policy on entry notices says what the notice must contain. Follow these steps in order.

1. Name the tenants and the address of the unit.
2. State the date of entry and a reasonable time of day.
3. State the reason entry is needed, and cite the section of the Act that lets you enter.
4. Give the notice in writing at least 24 hours before the time of entry. Count the full 24 hours from when the tenant receives it.
5. Serve it the way the Act allows. For example, a notice can be handed to a person 16 years of age or older who lives with the tenant.
6. Keep a copy and a note of how and when you gave it.

A vague notice such as "entering sometime this week" is the usual reason entry disputes go badly. The Office's policy says you must give sufficient reasons as well as proper notice.

Once you or the tenant has given a notice to end the tenancy, you may show the unit to a prospective tenant or a buyer. You must make a reasonable effort to give at least 4 hours' notice, and the visit must be at a reasonable time. The Act says only "notice" for this case. One Office policy says written notice is not mandatory, another says 4 hours written, so putting it in writing is the safe habit.

If no termination notice has been given, showings fall under the normal rule. A listing for sale does not shorten the 24 hours, and the tenant keeps the right to refuse any showing you have not noticed properly.

A sale does not end the tenancy. The buyer takes over the existing agreement and cannot give a shorter notice to end it. If you want to end a tenancy yourself, the no-fault notice is 3 months for a month-to-month tenancy, and the details are in the landlord guide to ending a tenancy in Newfoundland and Labrador. The Act has no separate landlord-own-use or sale ground for a single unit.

Most problems come from entry that skipped a step.

• No proper notice. If you do not give proper notice and enough reasons, the tenant may end the tenancy for interference with peaceful enjoyment and privacy. The tenant gives notice with a move-out date between 5 and 14 days after service.
• Repeated or unreasonable entry. The landlord must not unreasonably interfere with the tenant's reasonable privacy and peaceful enjoyment. Entry that is frequent or at odd times can breach this, even with notice.
• Changing the locks. Neither side may change a lock on an entry door during the tenancy, except by mutual consent. A tenant who refuses entry does not change that.
• Cutting off services or taking belongings. You may not disconnect heat, water or power without the tenant's written consent, and you may not take a tenant's belongings to cover rent or any other problem.
• Retaliation. You may not give a termination notice, or harass a tenant or their family, because they made a complaint or application. The tenant has one month to ask the director to set the notice aside.

Breaking the Act is an offence. The maximum fine is $3,000 for an individual and $10,000 for a corporation, and a court decides it, not the Office.

The Act and the Office's policies do not spell out a special remedy for a tenant who blocks entry after proper notice. These are the steps that stay inside the rules.

1. Check your own notice first. Confirm the time, the reason and the 24 hours.
2. Ask the tenant in writing why they are refusing, and offer a new date with a fresh 24 hour notice. A real scheduling problem is easier to fix than to fight over.
3. Keep copies of every notice, message and date. The Office decides disputes on documents.
4. If the refusal continues, apply to the Residential Tenancies Office with an Application for Dispute Resolution. The fee is $20. The director may impose terms and conditions to make sure the Act and the lease are followed.
5. Do not force the door, change the locks or remove belongings while you wait.

If the problem is a deposit or damage you need to see, the landlord deposit guide for Newfoundland and Labrador explains what you can claim. Landlords also ask whether a tenant can refuse entry and when landlords are allowed to enter. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.