Can Landlords Limit Visitors in New Brunswick Rentals?

Many tenants in New Brunswick wonder if their landlord can legally restrict or control who visits their rental home. Knowing your rights is essential to ensure you enjoy your home peacefully while respecting the rules of your lease and provincial law. This guide covers visitor rights for tenants in New Brunswick, highlighting what landlords can and cannot do, based on current regulations in 2024.

Tenant and Visitor Rights in New Brunswick

In New Brunswick, tenant rights are protected under the Residential Tenancies Act. The governing body for residential tenancy issues is the Residential Tenancies Tribunal of New Brunswick. Tenants have the right to enjoy their home quietly and without interference, which generally includes the right to have guests.

Can Landlords Prevent or Restrict Visitors?

Landlords in New Brunswick typically cannot unreasonably restrict your right to have visitors, whether friends, family, or overnight guests. However, there are some important points and limits to be aware of:

• Reasonable Enjoyment: You may have guests as long as their presence does not cause damage, disturbance, or violate lease provisions.
• Length of Stay: While occasional guests are generally allowed, if a visitor stays for an extended period (typically more than 2 to 4 weeks), your landlord may require that person to be added to the lease or ask for additional approval. Check your individual lease for specific clauses about long-term guests.
• Illegal Activities: Visitors must not break the law or engage in activities that violate the Residential Tenancies Act or your lease.
• Overcrowding: If the number of people regularly occupying the unit surpasses municipal or provincial health and safety codes, your landlord may intervene.

If you are unsure about your lease’s visitor policy, review your agreement and consult the Residential Tenancies Tribunal with your questions.

When Can Landlords Legally Take Action?

Landlords cannot penalize you simply for having normal visitors. However, they do have the right to act if your guests:

• Cause property damage
• Disturb neighbours or create excessive noise
• Violate rules clearly stated in your signed rental agreement

If a visitor’s actions result in issues, the landlord must follow due process as outlined in the Residential Tenancies Act (New Brunswick) before taking steps such as issuing warnings or pursuing eviction.

Common Lease Clauses About Visitors

Many leases include clauses relating to guests. Examples include:

• Maximum duration a visitor may stay before being considered an occupant
• Requirements to notify or seek permission for extended stays
• Obligations around respecting building security and quiet enjoyment

Make sure you understand any visitor-related clauses before you sign. For a full overview of your rights and obligations after moving in, see What Tenants Need to Know After Signing the Rental Agreement.

What If There's a Dispute?

If your landlord attempts to impose an unreasonable restriction or penalty about visitors, try the following steps:

• Communicate clearly and calmly with your landlord—sometimes concerns stem from misunderstandings.
• Refer to your lease and the Residential Tenancies Act for specifics on guest rights.
• If needed, ask for free information from the Residential Tenancies Tribunal.
• Apply to the Tribunal if you and the landlord cannot reach an agreement on visitor rights.

For more on rights and obligations for both landlords and tenants, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant Official Forms and How to Use Them

If you need to resolve visitor-related disputes or require a formal process (such as if a landlord issues a notice regarding guests), you may use the following:

• Application for Assistance (RT Form 1): This form is submitted to the Residential Tenancies Tribunal. For example, if your landlord is restricting your right to have visitors unreasonably, you can file this form to ask the Tribunal to review the issue. Download the Application for Assistance (RT Form 1).

How to Use RT Form 1: Fill out your details, explain the nature of the dispute (e.g., visitor restriction), attach any supporting documents (like your lease), and deliver the form to the Tribunal in person or by mail. The Tribunal will review and mediate as necessary.

Key Takeaways for Tenants

• Your right to have visitors in New Brunswick rentals is generally protected, but your lease may set reasonable limits.
• Problems caused by guests—damage, noise, or overcrowding—can make you liable under your lease.
• If conflicts occur, use the Tribunal’s complaint process for a fair resolution.

For a broader look at tenant protections and rules, check Tenant Rights and Landlord Rights in New Brunswick.

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Frequently Asked Questions About Tenant Visitor Rights

1. Can my landlord limit the number of visitors I have?
   Usually, your landlord cannot set an arbitrary limit unless it’s for health, safety, or to prevent overcrowding, but extended stays by guests may require approval.
2. What should I do if my landlord tries to ban my guests?
   First, check your lease. If there’s no clear rule or the rule seems unreasonable, discuss your concerns. If the issue is not resolved, you may apply to the Residential Tenancies Tribunal.
3. Can my landlord evict me because of my guests?
   Landlords cannot evict you simply for having guests, but if your visitors cause persistent issues like damage or disturbances, you could face warnings or eviction after proper notice.
4. Is my guest allowed to stay overnight for an extended period?
   Short visits are generally permitted, but guests staying more than a few weeks may need to be added to the lease. Review your rental agreement for limits.
5. Where do I file a complaint about visitor restrictions?
   Complaints or disputes can be addressed to the Residential Tenancies Tribunal using the Application for Assistance (RT Form 1).

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – For complaints, advice, and forms
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Free legal information for tenants
• Call Service New Brunswick: 1-888-762-8600 (ask for Residential Tenancies Tribunal)
• For full provincial info, read Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act (New Brunswick): current government legislation
2. Residential Tenancies Tribunal forms and guidance: Service New Brunswick
3. Official tenant advocacy and education: PLEIS-NB

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