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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97922
Experience:  Lawyer
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I'm renting a home directly from a home owner since the

Customer Question

I'm renting a home directly from a home owner since the leasing company agreement has expired and they think they have unlimited access to the home now to come and go as they please to do repair's and upgrades, and have entered the home with out permission while my wife was still home.
Is this legal for them to do?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Debra replied 5 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 5 months ago.

They cannot enter the home because the fixed term lease expired.

They cannot enter the home because there is no tenancy agreement in writing. There does not need to be one in writing ever.

And they cannot enter the home unless there is a bone fide reason and appropriate notice is provided in writing.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 5 months ago.
What does bone fide reason mean?
What does appropriate notice mean?
What if we as tenants don't want them to come into the home, except for agreed scheduled home inspection purposes.
What if we don't want them doing repairs and upgrades while we are living in the home?
Thanks,
Doug
Expert:  Debra replied 5 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

The law about when and why I landlord can enter is explained clearly here:

http://www.servicealberta.gov.ab.ca/pdf/rta/10landlords_right_of_entry.pdf

This is a government document so can be relied upon.

If the landlord is depriving you of your right to peaceful enjoyment of your home then you can take the landlord to the residential tenancies dispute branch and not only get him to stop but can possible get an award of damages.

Customer: replied 5 months ago.
Okay,
Thanks for the help.
Expert:  Debra replied 5 months ago.

You are very welcome.

Please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Expert:  Debra replied 5 months ago.

Is there anything more I can help you with at this point in time?

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