24-Hour Notice Entry Exceptions for Landlords in New Brunswick

If you rent a home in New Brunswick, protecting your privacy is a fundamental right. Tenancy law generally requires landlords to provide 24-hour written notice before entering your unit, but there are important exceptions every tenant should understand. Knowing these exceptions and your rights can help you avoid misunderstandings and ensure your home remains your private space.

Standard Landlord Entry Rules in New Brunswick

Under the Residential Tenancies Act (New Brunswick), a landlord usually must:

• Give the tenant at least 24 hours' written notice
• State the reason for entry (for example, repairs or inspections)
• Enter only between 8:00 a.m. and 8:00 p.m.

The New Brunswick Residential Tenancies Tribunal oversees landlord and tenant matters and can help if you think your privacy rights are being violated. Learn more about your provincial rights here: Tenant Rights and Landlord Rights in New Brunswick.

Key Exceptions: When 24-Hour Notice Is Not Required

There are situations where a landlord can legally enter your rental unit without giving the standard 24-hour notice. These exceptions are meant to protect health, safety, and property or when you, as the tenant, consent.

Emergencies

• In an emergency situation (such as fire, serious water leak, or gas leak), landlords can enter immediately without notice to prevent harm or damage.
  Emergency Situations and Repairs: Tenant Rights and Responsibilities provides more about your protections in these events.

Tenant Consent

• If you agree to let your landlord in, no written notice is necessary. It's wise to document this agreement (even by text or email).

Unoccupied Units

• If the landlord believes your unit has been abandoned or is clearly unoccupied for an extended time, entry may happen without notice—but only for urgent reasons.

Health and Safety Concerns

• For known health or safety hazards (like a pest infestation or unsafe conditions), landlords may enter to address the risk. To understand your role and rights during these situations, see Health and Safety Issues Every Tenant Should Know When Renting.

These exceptions are balanced by strict rules to protect your privacy. Landlords cannot abuse emergency provisions or use them as an excuse to enter without a valid reason.

Required Forms and How to File a Complaint

If you feel your landlord entered your unit illegally or without proper notice, you have the right to file a complaint. You can use the following official process in New Brunswick:

• Application for Assistance (Form 3): Used to request the Residential Tenancies Tribunal's help if your landlord violates your right to privacy. For example, if your landlord repeatedly enters without notice and it's not an emergency.
  Find the Application for Assistance (Form 3)
  How to use: Fill out Form 3, describe the circumstances, and provide evidence (if possible) such as photos, witness statements, or written communication. Submit online or to the Tribunal's office.

Be sure to keep a record of all notices and communications with your landlord in case you need to support a complaint.

Summary: Your Privacy Rights and Landlord's Duties

Landlords are prohibited by law from entering your home without clear legal grounds. In most cases, 24 hours' written notice is a must, except for emergencies, abandoned units, or your clear consent.

FAQ: Landlord Entry Exceptions in New Brunswick

1. Can a landlord enter my unit without 24 hours’ notice for repairs?
   Only in emergencies (like a burst pipe) or with your consent. Routine repairs require 24 hours’ written notice.
2. What counts as an 'emergency' allowing my landlord to enter unannounced?
   Emergencies include immediate threats to life, property, or health—such as fire, flood, or a serious safety hazard.
3. How do I take action if my landlord enters illegally?
   Fill out and submit the Application for Assistance (Form 3) to the Residential Tenancies Tribunal with supporting evidence.
4. If I invite the landlord in, do they still have to provide notice?
   No, if you consent (preferably in writing), no notice is required for that entry.

Conclusion: Key Takeaways

• Landlords generally need 24-hour notice to enter your rental, except in emergencies or with your clear consent.
• Keep records of communication and understand your right to file a complaint if your privacy is violated.
• Official forms and the Residential Tenancies Tribunal can help you resolve disputes.

Staying informed empowers you to protect your privacy and respond confidently to landlord entry situations.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: File a complaint or get official information
• Dial Service New Brunswick: 1-888-762-8600
• Legal Aid New Brunswick for free or low-cost legal help
• Find rental homes across Canada on Houseme

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1. Residential Tenancies Act (New Brunswick) – View the legislation and forms
2. New Brunswick Residential Tenancies Tribunal – Official information and tenant services

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