Who controls common areas and what tenants should expect
Common areas are usually managed by the landlord or property manager and rules are set out in your rental agreement or building bylaws. Landlords can establish reasonable rules for use, safety, and tidiness, but they cannot use those rules to unreasonably restrict a tenants quiet enjoyment or privacy. If your lease mentions cleaning schedules, storage limits, or hours for shared facilities, follow them and keep a copy of the lease clause for reference. For a concise overview of tenant and landlord rights in New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick.[1]
Entry, notice and privacy rules
Landlords generally need to give notice before entering shared or private spaces except in emergencies. The notice period and acceptable hours depend on provincial rules and on whether entry is for repairs, showing the unit, or inspections. Always check the statute and local tribunal guidance when in doubt.[1]
- Landlords should enter during reasonable hours unless there is an emergency.
- Written notice is usually required for non-emergency entries and should state the reason and time.
- Tenants can expect privacy in their own unit and locks should not be changed without agreement.
- For repairs, landlords must give notice and can enter to make essential repairs when permitted by law.
Keys, locks and access control
Landlords may hold keys for safety and access reasons, but replacing or adding locks without telling the landlord can cause problems. If you need a secure lock for medical or safety reasons, raise it with your landlord in writing and propose a reasonable arrangement for key access.
- Do not change or add locks without permission unless you follow the legal process in your lease or provincial rules.
- Keep copies of correspondence about keys and any landlord consent documents.
Building rules, enforcement and fair use
Rules that govern common-area behaviour (noise, guests, parking, storage) must be reasonable and consistently enforced. Landlords should apply rules fairly to all tenants. If you believe a rule is being applied unfairly, document instances and speak to management in writing. If issues continue, you can seek help from the provincial tribunal.[2]
- Follow posted safety and fire-safety rules in common areas to avoid enforcement actions.
- If management enforces rules inconsistently, request a written explanation and keep copies.
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How to document problems and when to act
Good documentation makes resolving disputes easier. Take dated photos of hazards in common areas, keep copies of notices and messages, and note dates and times of incidents. If a shared-area issue affects habitability (for example, blocked exits, no heat in communal spaces, or major flooding), notify the landlord in writing, request prompt repairs, and consider contacting the tribunal if the situation is not addressed.[3]
FAQ
- Can my landlord enter a shared hallway without telling me?
- Landlords can access common areas for legitimate reasons but should provide notice for non-emergency entries; privacy rules still apply to personal units.
- What if a neighbour is using a shared space inappropriately?
- Report the behaviour to management in writing and ask for enforcement; keep records and raise the issue with the tribunal if management does not act.
- Can I change a lock if I feel unsafe?
- You should notify your landlord and seek written agreement; document the safety concerns and follow the procedures in your lease or provincial guidance.
How-To
- Gather evidence: take photos, keep dated notes, and save messages about the issue.
- Contact your landlord or property manager in writing, describe the problem, and request a specific remedy and timeline.
- If the landlord does not act, file the appropriate application with the Residential Tenancies Tribunal and include your evidence.
- Attend the tribunal hearing or mediation with copies of your documents and a clear summary of the outcome you seek.
Help and Support / Resources
- Residential Tenancies information - Government of New Brunswick
- Residential Tenancies Tribunal - Government of New Brunswick
- Official tenancy forms and guides - Government of New Brunswick
