Unlawful entry
Unlawful entry is a general description of entering property without permission or legal authority. It is not the name of a Criminal Code offence. Depending on the facts, it may be trespass to land, a provincial offence under the Trespass Act, or a criminal offence such as break and enter.
How BC law treats it
Break and enter is an offence under s. 348 of the Criminal Code, RSC 1985, c C-46, and being unlawfully in a dwelling house falls under s. 349. Trespass is a provincial offence under the Trespass Act, RSBC 2018, c 3 and a civil tort, and a landlord's entry into leased premises is governed by the lease for commercial premises.
What it means for your business
A commercial tenant has exclusive possession of its premises, so landlord entry should be limited to what the lease allows.
Risks and common mistakes
A landlord who enters commercial premises beyond its lease rights may breach the tenant's right to quiet enjoyment.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
