Can Tenants Legally Record Landlord Entry in New Brunswick?

When you rent a home in New Brunswick, privacy is a basic tenant right—especially when your landlord enters your rental unit. If you’ve wondered whether you can legally record your landlord during these entries, you’re not alone. Understanding your rights can help you feel safer and prevent misunderstandings about privacy, consent, and the law.

Your Rights to Privacy During Landlord Entry in New Brunswick

In New Brunswick, tenant privacy is protected by the Residential Tenancies Act ^[1]. This law outlines when, why, and how often landlords can enter your unit. Generally, a landlord must give you at least 24 hours' written notice to enter, unless there’s an emergency. They should only enter between the hours of 8 a.m. and 8 p.m., and only for valid reasons such as repairs, inspections, or showing the unit to prospective tenants or buyers.

• Landlord must provide proper written notice (unless it's an emergency).
• Purpose of entry must be reasonable and related to the property.
• Entry should happen at reasonable times—typically between 8 a.m. and 8 p.m.

These protections ensure your home remains your private space.

Is It Legal to Record Your Landlord in New Brunswick?

New Brunswick law does not specifically address audio or video recording in rental situations. However, Canada’s Criminal Code states that if you are a participant in the conversation, you may record it without the other person’s consent. This is called “one-party consent.” While you can legally record conversations you are part of (such as when your landlord enters for an inspection and you are present), there are additional privacy rules around video and recording in private areas.

Key points about recording:

• Audio Recording: Legal if you are present and participating in the conversation.
• Video Recording: Allowed only if it does not intrude on the landlord’s reasonable expectation of privacy—avoid recording in private spaces like bathrooms or bedrooms when the landlord is alone.
• Hidden Cameras: Should not be used to secretly record in spaces where someone expects privacy.

For more on your overall rights as a tenant, visit Tenant Rights and Landlord Rights in New Brunswick.

Common Reasons Tenants Consider Recording Landlord Entry

Tenants sometimes wish to record a landlord’s entry due to past disputes, concerns about property condition, or to have a clear record of what happens during an inspection or repair visit. Accurate documentation can be helpful if issues arise later on.

• Documenting repair requests or conditions.
• Ensuring proper conduct during inspections.
• Having a record if any items are damaged or go missing.

Best Practices and Tenant Responsibilities

You have the right to document your experience, but recording audio or video should always be done ethically and respectfully. Avoid recording in shared or private spaces without consent, and always use any recordings only for lawful purposes, such as clarifying disputes with the Residential Tenancies Tribunal of New Brunswick ^[2].

What If a Dispute Arises?

If you feel your privacy was violated, or if your landlord objects to a recording, try to resolve the issue by open communication first. If the problem persists, you can apply to the Residential Tenancies Tribunal for dispute resolution. Recording may be accepted as evidence if it complies with privacy and consent laws, but the Tribunal will decide if it is admissible.

Knowing your rights also means understanding general rental obligations. To learn more, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant Forms and How to Use Them

• Form 6A – Application for Assistance
  When to Use: File this form if you have a dispute with your landlord (for example, if you feel your privacy was violated or entry was improper).
  How to Use: Complete the form with details of your complaint and submit it to the Residential Tenancies Tribunal.
  Download Form 6A from the government website.
• Entry Notice Templates
  Landlords must provide written entry notices. Tenants should keep records of all entry notices as evidence if a dispute arises.
  See sample entry notices and forms here.

If you need help with a dispute, the Residential Tenancies Tribunal is your main government contact.

Where to Search for Rentals with Privacy Protections

Looking for a place with clear privacy rules? Find rental homes across Canada on Houseme and choose listings that suit your needs, including privacy and entry policies.

FAQ: Recording, Privacy, and Landlord Entry in New Brunswick

1. Can I legally record my landlord entering my unit?
   Yes, as long as you are present and participating in the conversation, you can audio record. Video recording is allowed in common areas but should not infringe on anyone’s privacy.
2. Does my landlord have to give notice before entry?
   Yes, unless there is an emergency, your landlord must give at least 24 hours' written notice and enter only between 8 a.m. and 8 p.m.
3. What can I do if I feel my privacy was violated?
   Try communicating with your landlord first. If the issue continues, complete and submit Form 6A to the Residential Tenancies Tribunal for resolution.
4. Are hidden cameras ever allowed?
   No. Placing secret cameras in areas where someone expects privacy (like a bedroom or bathroom) is illegal and can have legal consequences.
5. Where can I read more about my rights and responsibilities as a tenant?
   Visit the Tenant Rights and Landlord Rights in New Brunswick page for comprehensive information.

Conclusion

In summary, New Brunswick tenants can record landlord entries under certain conditions, but should always respect privacy laws and communicate openly. If a problem occurs, clear documentation and knowing the proper complaint process can help protect your rights.

• Audio recording is generally legal if you’re present; video requires more caution.
• Always keep a record of entry notices and any communication for your protection.
• If issues arise, use government forms and seek assistance quickly.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Official government resource for all tenant-landlord concerns, forms, and dispute resolution.
• Residential Tenancies Act – Full legislation governing tenancies in NB.
• Tenant Rights and Landlord Rights in New Brunswick – Guide to your rights, obligations, and resources as a tenant in NB.
• For more rental listings with privacy details: Find rental homes across Canada on Houseme.

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1. Residential Tenancies Act, SNB 1975, c R-10.2. Read the full Act.
2. Residential Tenancies Tribunal of New Brunswick: Official tenant resources and forms.

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