Tenants with disabilities in New Brunswick have the right to privacy, safe habitability, and reasonable accommodation when a landlord needs access to a rental unit. This guide explains how entry rules apply to renters, how to ask for accessibility changes or accommodations, what notices and forms to expect, and the steps to take if a dispute arises. It is written for tenants and renters who want clear, practical advice about communicating with landlords, documenting requests, and using official provincial processes in New Brunswick to protect their rights.
When a landlord can enter your unit
Landlords can enter in limited circumstances. Common lawful reasons include urgent repairs, scheduled inspections, showing the unit to prospective tenants or buyers, or to carry out agreed work. Except for emergencies, landlords must give reasonable notice and enter at reasonable times.
- Emergency entry: when there is an immediate risk to safety or property (no notice needed).
- Routine inspections: must be preceded by appropriate notice and scheduled at a reasonable hour.
- Repairs and maintenance: notice and an agreed time are required unless it is urgent.
Accessibility, reasonable accommodation, and modifications
Tenants with disabilities can request accommodations or modifications to make a unit accessible. An accommodation is a change to rules or practices (for example, allowing a different move-in time), while a modification changes the unit (for example, installing grab bars). Landlords should not unreasonably refuse reasonable accommodation requests and may discuss cost-sharing, restoration obligations, or alternative solutions.
Common examples of accommodations and how they differ
- Physical modifications: installing grab bars, ramps, or visual alarms; typically require written permission and may require restoration terms.
- Policy accommodations: allowing a service animal, flexible inspection times, or alternate notice procedures.
- Communication accommodations: providing notices in accessible formats or allowing a support person to attend viewings.
How to make a clear accommodation or entry-related request
Follow these practical steps to improve the chance your request is accepted and documented properly.
- Put the request in writing and date it, describing the accommodation or modification you need.
- Attach or offer relevant evidence (for example, a note from a health professional) if it helps explain the need.
- Request a written reply and a reasonable timeframe to discuss options.
What to do if the landlord refuses or enters improperly
If a landlord refuses reasonable accommodation, enters without proper notice, or otherwise breaches your rights, start by sending a clear written notice that explains the problem and requests a remedy. Keep all receipts, messages, photos, and dates. If the matter is not resolved, you can file an application with the provincial tribunal or tenancy office for dispute resolution.[2]
Official forms and when to use them
- Application to the Residential Tenancies Tribunal (general dispute form): used to ask the tribunal to resolve entry, accommodation, or repair disputes; file this when informal negotiation fails.
- Notice to Repair or Maintain (if available): use when a landlord fails to fix urgent habitability issues; follow the form instructions and keep evidence.
- Request for Accommodation letter template: a clear written request from a tenant explaining the accommodation and proposed timeline.
Where to find these forms: check the New Brunswick government tenancy pages and the Residential Tenancies Tribunal for current, official forms and filing instructions.[1]
FAQ
- Can a landlord enter without my consent to install accessible modifications?
- Generally no; landlords should obtain permission and provide notice before entering to install modifications unless there is an emergency. Written consent helps clarify responsibilities for cost and restoration.
- What proof should I provide when requesting an accommodation?
- Provide a written request and any supporting documentation that explains how the disability affects your housing needs. A health professional's note can help but is not always strictly required.
- How do I start a formal complaint about illegal entry or denied accommodation?
- Start by sending a dated written notice to your landlord, keep records, and if unresolved, file an application with the Residential Tenancies Tribunal for New Brunswick following the official form and instructions.[2]
How-To
- Write a clear, dated accommodation request that explains the change you need and how it helps your disability.
- Keep copies of all correspondence, photos, and receipts related to the issue and any inspections or repairs.
- Try to resolve the matter directly with your landlord by proposing reasonable alternatives and timelines.
- If negotiation fails, complete and file the tribunal application form with evidence and the relief you seek.[2]
- Attend the tribunal hearing, bring originals of documents and at least one clear summary of events and requests.
Key Takeaways
- Landlords must give proper notice before entry except in emergencies.
- Tenants with disabilities can request reasonable accommodations and may request modifications with agreed terms.
- Document every step and use official tribunal forms if informal resolution fails.
Help and Support / Resources
- Residential Tenancies information - Government of New Brunswick
- New Brunswick Justice and Consumer Affairs - tenancy resources
- Residential Tenancies Act - Laws of New Brunswick
- [1] Residential Tenancies Act - Laws of New Brunswick
- [2] Residential Tenancies information - Government of New Brunswick
- [3] New Brunswick Justice and Consumer Affairs - tenancy resources
Additional tenant resources: Find rental homes across Canada on Houseme and review local tenancy guides such as Tenant Rights and Landlord Rights in New Brunswick and Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
