Can Landlords Use Photos of Your Rental in New Brunswick?

As a tenant in New Brunswick, you may wonder if your landlord can take or use photos of your rental unit. This is a common concern, especially when moving in or out, or if the landlord wishes to market the property. Understanding your privacy rights and the legal boundaries set out in New Brunswick ensures your home remains a private space.

Your Right to Privacy in Your Rental Unit

New Brunswick law recognizes that your rental unit is your private home. Your landlord must respect your right to enjoy your home without unreasonable interference, including protecting your personal privacy. This includes restrictions on entering your unit and on recording or photographing inside, unless certain legal conditions are met.

When Can a Landlord Take Photos?

Landlords may have a legitimate need to take photographs of the property, but they must have a valid reason and follow proper legal procedures. Common scenarios include:

• Conducting a move-in or move-out inspection, sometimes required by law
• Documenting repairs or maintenance issues
• Preparing to advertise the unit (for example, when you're moving out)

Photos should focus on the property itself and not your personal belongings whenever possible.

Entry and Notice Requirements

The Residential Tenancies Act of New Brunswick requires landlords to give at least 24 hours’ written notice before entering your unit for most reasons, including inspections or taking photographs¹. Entry must be at a reasonable time and must state the reason clearly. Exceptions include emergencies or if you waive the notice in writing.

Using Photos for Marketing or Inspections

If your landlord wants to use photos for advertising the unit to new tenants, best practice is to take photos after you move out. If not possible, request that photos minimize or blur your personal items or family pictures for privacy. Document any agreement in writing.

During move-in or move-out, landlords may also take photos as part of the inspection. Consider joining the landlord for this process and ask for copies of the photos for your records. For more guidance, see the Guide to the Initial Rental Property Inspection for Tenants.

Landlords should never use photos containing your personal or sensitive items in public advertising without your permission. This may violate your privacy rights under New Brunswick law. If you have concerns, communicate them in writing and keep a copy for your records.

Related Forms and Processes

• Notice of Entry Form: Landlords must give written notice before entering your unit. A simple written notice suffices under the Act. For details, see the Notice of Entry (Form 3). Use: When landlord needs to enter for inspection, repairs, or to take photos. Example: Your landlord leaves a Notice of Entry on your door to inspect the bathroom for needed repairs.

If you believe photos are being used improperly, you can contact the Residential Tenancies Tribunal of New Brunswick for guidance or to file a complaint.

Your Responsibilities and Communication

Tenants are responsible for allowing reasonable access for inspection or maintenance, provided notice is given. If you object to photos being taken, explain your concerns clearly and ask questions about how the photos will be used. Maintaining a respectful dialogue often leads to the best outcome. For more information on shared rights and duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For a complete overview of tenant and landlord rights in New Brunswick, review the Tenant Rights and Landlord Rights in New Brunswick.

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Frequently Asked Questions

1. Can my landlord take photos of my belongings?
   Landlords should take photos of the property, not your personal or identifying items. If possible, request that personal effects are removed or avoided in photos.
2. Do I have to allow photos if I’m still living in the unit?
   You must allow reasonable access if proper notice is given, but you can voice concerns about privacy and request that your belongings are respected.
3. What if I feel my privacy is being violated?
   Record your concerns in writing and contact the Residential Tenancies Tribunal if the issue persists.
4. Can photos be used for advertising without my consent?
   Photos for advertising should not contain personal or identifying belongings without your written consent.
5. Is notice required before taking photos?
   Yes, at least 24 hours’ written notice is required for entry, including to take photographs.

Summary: Key Takeaways for NB Tenants

• Landlords need to give 24 hours’ written notice before entering and taking photos of your rental unit.
• Your privacy is protected—photos should not focus on your personal property or be used publicly without consent.
• If you’re concerned, communicate in writing and reach out to the Residential Tenancies Tribunal for help.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick: Guidance, complaint forms, and support for tenancy issues
• Government of New Brunswick – Renting and Leasing: Info, laws, and tenant resources
• Residential Tenancies Act: Read the full law
• For a detailed rights summary, see Tenant Rights and Landlord Rights in New Brunswick

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1. "Residential Tenancies Act" – New Brunswick government legislation
2. "Notice of Entry (Form 3)" – Download official form
3. "Residential Tenancies Tribunal – New Brunswick" – Tribunal Contact and Resources

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