Daily Notice of Entry, No Entry Occurs

Topia

http://www.slsedmonton.com/civil/landlord-and-tenant-law/


Thats the tenancy law here in Alberta where I live.

It doesn't explicitly state that there is a limit of giving notice, just that if notice is given there may be entry.

So, here's the story.

Me and my roommate are moving. Since the date we announced that we will be, we have been getting notice of entry for every single weekday "between 8 AM and 8PM", which would be perfectly fine and understandable, but there has never been an entrance.

This has bee 5 notices thus far, not counting tomorrow, where no-one has entered. And, yes, we got a notice for tomorrow.

I know within the word of the act this seems legal, but does anyone have any information, because I feel like this would, if brought to a tribunal, be construed as disturbing my right of quiet enjoyment.

Now, many are thinking "well if no-one enters then whats the problem?" Well, it's finals. I have plenty of studying to do, as does my roommate who is also writing a thesis. I am not going to be bothered to clean up all my shit every day. There are papers everywhere, many of which include personal information about me that I would rather a stranger not see, or at least take the small risk of them seeing it. On top of this, I would prefer to not be unexpectedly disturbed one random day from my studying, or my "relaxing" :winky: during study breaks. Furthermore, knowing the management, I'm sure the expect the apartment to be clean when showing people, but that sure as hell isn't going to happen every day. Give me one or two a week and I'll go tidy up a bit (a bit, only, because there is so much going on right now, and I organize my study papers is specific ways).

Any ideas, suggestions, comments?

Esh

What exactly are you asking?

It's one of the inconveniences that happens when you're moving out of a place. If you have an issue about the hours of showing, call your landlord and have a chat with him. That's how you're going to resolve any problems you have. The law does state that he has to give "a time". I don't think that open ended 8am-8pm is quite kosher. Are you looking for some sort of legal stick to shake at him? I'm a little confused here. Ask him to schedule specific times.

Also, you're just as much inconveniencing the landlord by making messes when he's trying to rent the place out. I've written several thesis and it's never turned my apartment into a war zone. I'm sure if he gives you proper (i.e. a specific time) notice, you can clean up a little for him.

Topia

I'm just wondering if I'm in my right to go in and complain for being given notice of entry for a week straight, 8-8 without any specific time when that notice always* goes unused.

Like I said, I'm find with cleaning up a bit if I know for sure someone is coming, but at this time I'm not going to worry myself about cleaning my own shit up every single day all day because someone might maybe possibly show up.

* edit a typo

Esh

Topia wrote: »

I'm just wondering if I'm in my right to go in and complain for being given notice of entry for a week straight, 8-8 without any specific time when that notice always* goes unused.

Like I said, I'm find with cleaning up a bit if I know for sure someone is coming, but at this time I'm not going to worry myself about cleaning my own shit up every single day all day because someone might maybe possibly show up.

* edit a typo

Before "complaining", I'd call and politely talk to him about it. Ask, that since you're in the middle of finals and papers or whatever, if he could give specific times for visits. If he becomes an ass about it, then bring up the landlord laws. I wouldn't automatically launch into him when you get him on the phone. You do have a right to say something, and that's what you should do. Just don't cop an attitude about it. A lot of things get done when people actually communicate with each other instead of stewing or being passive aggressive.

Topia

Yea thats what I wanted to do. Complain is a strong word, but it's the one I chose

thanks, I just didn't want to go into this without a second or third plus opinion if I would have any chance at stopping this from happening.

Esh

"The notice must be signed by the landlord, state the reason for entry, and state the date and time that the landlord will be there. The time must be between 8:00 a.m. and 8:00 p.m. Monday through Saturday. The landlord cannot enter the premises on any holidays, Sundays, or the tenant's day of religious worship if that day is not a Sunday and the tenant has provided the landlord with a written notice of that day (in which case, the landlord can enter on a Sunday). The date and time of the entry must be of “reasonable duration” for a definite period of time."

The last sentence is a little ambiguous, but 12 hours is a little much.

bowen

Reasonable duration is probably like 4 hours tops. Usually because people want to be home during those times.

There's probably also a clause for frequency too, somewhere, but 12 hours is a bit much.

Tell them to start giving you exact times of appointments.

MichaelLC

Yeah, the landlord is just covering himself in case someone calls and wants to see the place right now, which is better than just showing up at your door.

Just give him a call and ask if they can narrow it down a little, maybe Morning, Afternoon, or Evening. Tell him you're trying to get an education so you're not stuck at a dead-end job like landlord or something.*


*Don't say this.