Common Landlord Entry Mistakes to Avoid in New Brunswick
Understanding your rights as a tenant when it comes to privacy and landlord entry is essential in New Brunswick. The province’s laws aim to balance a tenant’s right to privacy with the landlord’s legitimate reasons for needing to access the rental unit. This guide will help you avoid typical mistakes tenants encounter and ensure you know what landlords can—and cannot—do when it comes to entering your home.
Privacy Rights for New Brunswick Tenants
New Brunswick tenants are protected under the Residential Tenancies Act of New Brunswick[1]. The law acknowledges that your rental unit is your private space, and landlords cannot enter at will. Knowing the legal rules prevents misunderstandings and protects your peace of mind.
When Can a Landlord Enter?
- Emergencies: Landlords may enter without notice if there is an immediate emergency (like a fire, flood, or urgent repairs).
- With Notice: For routine inspections, repairs, or to show the unit to potential tenants or buyers, landlords must provide advance written notice—generally at least 24 hours.
- Tenant’s Permission: Entry is legal if you invite or permit the landlord in directly.
Landlords may only enter between 8 a.m. and 8 p.m., unless you agree otherwise.
Avoiding Common Mistakes
- Not Understanding Notice Rules: Some tenants believe verbal notice is enough, but official written notice is required unless it’s an emergency.
- Refusing All Access: Tenants sometimes deny access for valid inspections or repairs, but the law allows entry with proper notice.
- Accepting Surprise Visits: You don’t have to accept unannounced landlord entries except for emergencies. Stand firm on your rights.
- Ignoring Lease Clauses: Review your rental agreement for any extra entry terms and always ensure they comply with the law. For more on lease terms, see What Tenants Need to Know After Signing the Rental Agreement.
Required Forms for Privacy and Entry in New Brunswick
No specific general form is required for landlord entry, but written notice must include the date, time, and reason for entry. Tenants may use the official Application to the Residential Tenancies Tribunal (Form 12) to file complaints about unlawful entry or privacy breaches.
- Form Name: Application to the Residential Tenancies Tribunal (Form 12)
- When & How to Use: Use this form if your landlord repeatedly enters without legal notice, or to resolve disputes about privacy rights. Submit through the New Brunswick Residential Tenancies Tribunal.
- Download Form 12 and instructions
Action Steps if Your Privacy Is Violated
- Document everything: Record times, dates, and details of all landlord entry attempts—especially if they breach notice rules.
- Communicate in writing: Politely remind your landlord of your rights and the legal notice requirements under the Residential Tenancies Act.
- Contact the Tribunal: If the problem continues, file Form 12 with the Residential Tenancies Tribunal. The Tribunal can resolve disputes between tenants and landlords.
Respectful communication often resolves misunderstandings, but don’t hesitate to use official channels if your privacy continues to be violated.
Other Related Rights and Issues
Your right to privacy is alongside other important tenant protections—such as living in a safe, habitable home. For an overview of other responsibilities, including repairs and health standards, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
For specifics about your rights in the province, see Tenant Rights and Landlord Rights in New Brunswick.
Did you know? You never have to accept surprise landlord visits—insist on proper notice except in emergencies.
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FAQs About Privacy and Landlord Entry in New Brunswick
- Can my landlord enter my unit without notice for non-emergencies?
No. Except for emergencies, advance written notice (at least 24 hours) is always required. - What if my landlord keeps entering without proper notice?
Keep written records and ask your landlord to follow the law. If the issue continues, file Form 12 with the Residential Tenancies Tribunal. - Does my landlord need to give notice to show my unit to potential renters?
Yes. You must receive at least 24 hours' written notice before any showings (except emergencies). - What times of day can a landlord legally enter?
Only between 8 a.m. and 8 p.m., unless you agree otherwise. - Are there exceptions to the notice rule?
Yes, the only exceptions are genuine emergencies or if you invite the landlord in yourself.
How To: Steps for Tenants Responding to Unlawful Landlord Entry
- How do I document and respond to unauthorized entry?
Write down the date, time, and details of the incident. Politely notify your landlord in writing that proper notice is required by law. - How can I file a complaint with the Residential Tenancies Tribunal?
Complete Form 12 (Application to the Tribunal) and submit it online or to a Service New Brunswick office, describing the privacy violation clearly. - How do I communicate my rights to my landlord?
Send a written note or email citing the Residential Tenancies Act and explain that 24-hour notice is needed except for emergencies.
Key Takeaways
- Landlords must provide written notice before entry (except for emergencies).
- Document all incidents of unlawful entry and communicate your rights in writing.
- Use Form 12 to file a complaint with the Tribunal if issues persist.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal – file complaints and resolve disputes.
- Form 12: Application to the Tribunal – for reporting unlawful entry or other issues.
- Public Legal Education and Information Service of New Brunswick – plain language tenant information.
- For a full overview: Tenant Rights and Landlord Rights in New Brunswick
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