New Regulations for Entering a Renter-Occupied Premises

The Minister of Service Alberta has issued a Ministerial Order amending the Residential Tenancies Act. The amendments directly affect:

• real estate professionals representing landlords who are selling or renting a property occupied by a residential tenant
• real estate professionals representing buyers and tenants intending to view a property occupied by a residential tenant

The Ministerial Order specifies:

• A landlord, prospective purchaser or prospective renter is not entitled to enter residential premises for a reason that requires notice where:
  • a tenant in that unit has notified the landlord that they are self-isolating, or in quarantine as they are displaying symptoms consistent with the pandemic COVID-19 or have tested positive for COVID-19
  • the prospective purchaser or tenant is self-isolating, or in quarantine as they are displaying symptoms consistent with the pandemic COVID-19 or have tested positive for COVID-19, or
  • the landlord is self-isolating, or in quarantine as they are displaying symptoms consistent with COVID-19 or have tested positive for COVID-19, unless that landlord designates an agent to enter on their behalf who is not self-isolating or in quarantine.
• Entry is still allowed if neither the tenant nor any person entering is self-isolating or in quarantine. A landlord can also enter if the tenant consents to the entry, if there is reason to believe the tenant has abandoned the premises, or if the landlord reasonably believes there is an emergency that requires the landlord to enter. Note that if a tenant gives consent, they can also withdraw this consent at any time.

Real Estate Professionals Representing Landlords

If your landlord client has properties occupied by residential tenants, you must:

• Alert the landlord to the Ministerial Order requirements
• Determine if the tenant is self-isolating, or in quarantine due to symptoms consistent with COVID-19
• Prevent viewings during the time the tenant is self-isolating, or in quarantine due to symptoms consistent with COVID-19
• If the tenant is not self-isolating, or in quarantine, and viewings are feasible you must inquire of the prospective buyer, prospective tenant, or their representative if the prospective purchaser, tenant or their representative is self-isolating, or in quarantine. Whenever this is the case for a prospective buyer, prospective tenant, or their representative, they may not provide notice for entry into the residential premises.

Real Estate Professionals Representing Buyers or Tenants

If your buyer/tenant client is seeking properties to buy/rent that are occupied by a residential tenant, you must:

• Alert your buying or renting client to the Ministerial Order requirements
• Ensure your clients are not self-isolating, or in quarantine from displaying symptoms consistent with the pandemic COVID-19 or have tested positive for COVID-19. If any of these conditions apply, you must suspend viewings until the client has recovered from COVID-19 or they complete self-isolation or quarantine.
• Determine from the landlord or their real estate professional whether the occupying tenant is self-isolating, or in quarantine due to symptoms consistent with COVID-19, or have tested positive for COVID-19. If this is the case, they must advise their client that they must postpone the viewing until the tenant is no longer self-isolating or in quarantine, or has recovered from COVID-19

The Real Estate Council of Alberta (RECA), the Alberta Real Estate Association (AREA), the REALTORS® Association of Edmonton (RAE) and the Calgary Real Estate Board (CREB®) trust all real estate professionals to speak with their affected clients and discuss the changes, as they are required to follow all provincial legislation, including the Residential Tenancies Act.

By working together, all organizations within the real estate industry can ensure clear, proper guidance reaches real estate professionals, and the industry can do its part to assist and protect the public during these unprecedented times.

RECA, AREA, RAE, and CREB® have prepared extensive information on COVID-19 for real estate professionals. The organizations update information regularly.

RECA: COVID-19 and Real Estate
AREA: COVID-19 Updates
RAE: Member Login
CREB®: crebLink

RECA also encourages real estate professionals to place links in their websites of RECA’s COVID-19 materials targeted to consumers.