Can Tenants Change the Locks in New Brunswick?
Protecting your safety and privacy is crucial when renting in New Brunswick. Many tenants wonder if they’re allowed to change the locks on their unit—especially if they're worried about unauthorized entry or dealing with eviction or relationship changes within the household. Understanding your rights under New Brunswick law will help you make informed decisions while staying compliant with your lease and provincial regulations.
Tenant and Landlord Rights Around Changing Locks in New Brunswick
In New Brunswick, the rules for changing locks are clear. Under the Residential Tenancies Act of New Brunswick, neither the landlord nor the tenant can change the locks on a rental premises without the consent of the other party. This rule promotes safety while ensuring that both parties have reasonable access as outlined in their lease.[1]
- If you’re a tenant and change the locks without written permission from the landlord, you may be in breach of your lease.
- A landlord is also prohibited from changing locks to prevent a tenant’s lawful entry—doing so could result in fines or tribunal action.
- If locks are changed (with mutual consent), both parties must receive a key immediately.
Consent: A Must-Have for Any Lock Change
Consent should always be documented. The safest way is to use written communication (such as email or a signed letter) and keep copies for your records. If your lease contains specific language about locks or allows changes, follow what’s outlined, but make sure to keep your landlord in the loop.
What If the Landlord Refuses Permission?
If you believe there’s a valid reason to change the locks (such as lost keys, domestic violence, or a break-in), but your landlord refuses, you can apply for a resolution with the Residential Tenancies Tribunal of New Brunswick.[2] They handle issues related to tenancy, including lock disputes.
Filing a Complaint with the Residential Tenancies Tribunal
If permission is not granted and you feel your safety is at risk, you can submit a Tenant Application Form to the Tribunal. Here’s how:
- Form Name: Tenant Application Form (Form 6B)
- When to Use: Use this form to request an order for a lock change or to resolve disputes about landlord access or unsafe situations.
- How to Access: Download the Tenant Application Form directly from Service New Brunswick.
Complete the form and submit it to the Tribunal, explaining your situation clearly. The Tribunal will review and may contact your landlord for further input.
Requirements and Exceptions
- Changing locks without consent can lead to eviction proceedings or legal actions.
- If you are evicted, your landlord may change the locks—but only after the eviction order is final and only after giving you the chance to collect your belongings.
- Special exceptions may apply if your safety is threatened—document all incidents and seek immediate help from local authorities when needed.
For a broad overview of renter and landlord rights, visit Tenant Rights and Landlord Rights in New Brunswick. This provides context for all New Brunswick tenants and keeps you up to date with current legal requirements.
Your Rights After Signing a Lease
Once you’ve signed a rental agreement, it’s important to know exactly what responsibilities and rights come with your tenancy. These include privacy, access rules, and protocols for handling repairs (including lock changes). For more details on your post-lease rights and obligations, see What Tenants Need to Know After Signing the Rental Agreement.
Maintaining Security and Access
If you agree on a lock change with your landlord (or vice versa), make sure you both have working copies of all new keys right away. Always use a qualified locksmith when possible to avoid damage or future disputes.
Key Takeaways for Safe Rentals in New Brunswick
- You cannot change locks on your own—permission from your landlord is legally required.
- Landlord must also have your permission before making lock changes.
- If safety is a concern, act quickly, keep written records, and use official forms/processes for disputes.
Maintaining good communication and understanding your obligations will protect you from unexpected legal or financial hassles while reinforcing your right to peaceful enjoyment of your rental.
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Frequently Asked Questions
- Can I change the locks in my New Brunswick rental if I feel unsafe? You must first get permission from your landlord. If safety is an urgent issue and your landlord refuses, apply for help from the Residential Tenancies Tribunal by submitting a Tenant Application Form.
- What happens if my landlord changes the locks without telling me? This is not allowed under New Brunswick law. If your landlord changes the locks and denies you access, contact the Residential Tenancies Tribunal immediately.
- Who pays for a lock change if both tenant and landlord agree? This should be agreed on in writing. In most cases, the tenant pays if the change is for personal reasons; the landlord pays if it’s due to necessary repairs or maintenance.
- What if I lose my keys? Tell your landlord right away. Together, you can agree on whether a lock change is necessary, who pays, and how keys will be distributed.
- Do I need to give my landlord a key if I change the locks? Yes. By law, if the locks are changed with consent, both parties must have a copy of the key.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – Service New Brunswick (file complaints, access forms, and get information)
- Residential Tenancies Act of New Brunswick
- Emergency situations: Contact local police or emergency services if your immediate safety is at risk
- For general rental guidance, see Tenant Rights and Landlord Rights in New Brunswick
- Residential Tenancies Act of New Brunswick: Tenancy legislation
- Residential Tenancies Tribunal: Official government portal
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