If you’re renting in Alberta, it’s essential to understand your right to privacy and security in your rental home. Illegal entry by a landlord—entering your unit without proper notice or permission—can be disruptive and distressing. This guide explains tenant rights, landlord obligations, and the steps you can take if your landlord enters your residence illegally. All information is current for Alberta and is based on official government sources to give you confidence and clarity.

What Is Considered Illegal Entry in Alberta?

Landlords in Alberta have the right to enter your rental unit for specific reasons, but there are clear rules they must follow. Unauthorized or unannounced entry is considered illegal under the Residential Tenancies Act (RTA)¹.

• Entry MUST be for reasons allowed under the RTA (such as repairs, inspections, or showings to new tenants or buyers).
• Except for emergencies, landlords must give you at least 24 hours’ written notice before entering.
• Entry is only permitted between 8:00 a.m. and 8:00 p.m., and not on holidays or your day of religious worship unless you agree otherwise.
• Entry without notice is only allowed in emergencies, or if you have given permission.

If your landlord enters your home without following these rules, that is considered illegal entry.

Tenant Rights When Facing Illegal Entry

As a tenant, you have the right to:

• Peaceful enjoyment and reasonable privacy in your home
• Written notice before most landlord visits
• Refuse entry outside allowed hours or if proper notice isn’t given (unless it’s an emergency)
• Seek remedies if your landlord violates these rights

For a broader overview of what tenants and landlords are each responsible for, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Penalties and Remedies for Landlords Who Enter Illegally

If a landlord enters a rented unit illegally, they may face:

• Formal tenant complaints to the tribunal
• Monetary orders to compensate tenants for damages or loss of privacy
• Orders to stop entering without notice (“cease and desist”)
• Potential fines imposed by the court

Repeated illegal entry may be considered harassment or a breach of your right to quiet enjoyment, both of which are serious violations under Alberta tenancy law.

What Should Tenants Do After Illegal Entry?

If your landlord enters without proper notice, take these steps:

• Document the date, time, and nature of entry (consider taking photos or videos if appropriate)
• Communicate your concerns in writing with your landlord
• Keep a record of all communications
• If the problem continues, you may file an application with the Alberta Residential Tenancy Dispute Resolution Service (RTDRS)

Official Forms and How to Use Them

If you wish to formally address an illegal entry, you can apply for dispute resolution through the RTDRS:

• RTDRS Application Form: Use the "Application for Dispute Resolution" to request an order about illegal entry.
  Download the RTDRS Application Form.
  Example: If your landlord enters your apartment without notice several times, you can use this form to seek compensation or an order to make them stop.

Where Are These Cases Handled?

Tenant disputes over illegal entry in Alberta are handled by the Residential Tenancy Dispute Resolution Service (RTDRS). You can also apply to your local Provincial Court if you choose.

Key Legislation

• The Residential Tenancies Act governs entry rights, dispute remedies, and tenant privacy in Alberta.

For province-wide information, visit Tenant Rights and Landlord Rights in Alberta.

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Frequently Asked Questions (FAQ)

1. How much notice does my landlord need to give before entering?
   In Alberta, your landlord must provide at least 24 hours’ written notice before entering your rental unit, except in emergencies.
2. What if my landlord enters without proper notice?
   Document the incident, communicate with your landlord in writing, and file an application with the RTDRS if the issue continues.
3. Can I refuse my landlord’s entry?
   You can refuse entry if the landlord hasn’t given proper notice or if the entry is outside allowed hours, unless it’s an emergency.
4. What kind of compensation can I get if my landlord enters illegally?
   If proven, you may receive a monetary award for damages or loss of privacy via the RTDRS.
5. Are there exceptions when my landlord is allowed to enter without notice?
   Yes, in emergencies (e.g., fire, flood) or if you give express permission at the time.

Conclusion: Key Takeaways

• Your landlord must follow strict notice rules before entering your home in Alberta.
• You have the right to privacy and peaceful enjoyment. Remedies are available if these are violated.
• Action steps and forms from the RTDRS help you assert your rights and seek penalties if needed.

Understanding your rights protects your privacy and strengthens your rental experience.

Need Help? Resources for Tenants

• Alberta Residential Tenancy Dispute Resolution Service (RTDRS) – File disputes, get forms, and learn about hearings.
• Residential Tenancies Act Guide – Read about tenant/landlord obligations and rights.
• Centre for Public Legal Education Alberta – Plain language guides about renting and tenant issues in Alberta.

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1. Alberta Residential Tenancies Act
2. Residential Tenancy Dispute Resolution Service (RTDRS)
3. Centre for Public Legal Education Alberta: Renting in Alberta

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