Tenants in New Brunswick have rights that protect their privacy and the security of their homes. If a landlord or their agent enters your rental unit without proper notice or permission, you can document the incident and raise a formal complaint. This guide explains what counts as illegal entry, how to gather evidence, and the practical steps to file a complaint with the provincial tribunal. It also covers timelines, the forms you may need, and what to expect at a hearing. The advice is written for renters who want clear, step-by-step actions—whether you seek an official remedy, a formal record, or simply to prevent future unannounced entries. Keep records and act promptly to protect your rights.
What counts as illegal entry in New Brunswick
Illegal entry generally means a landlord or their representative enters your rental unit without the required notice, permission, or lawful reason. Common examples include:
- Entry without proper notice or tenant consent.
- Repeated unannounced visits that interfere with quiet enjoyment.
- Entry at unusual hours or while you are present but explicitly refused permission.
Documenting the incident
Good documentation strengthens your complaint. Record dates, times, who came, and what happened. Collect supporting material such as photos, messages, and witness names.
- Write a short incident log with date, time, and details of each entry.
- Save text messages, emails, and written notices from the landlord or agent.
- Take photos of any damage or signs of forced entry and note any witnesses.
How to file a complaint with the tribunal
To start a formal complaint you will usually submit an application to the provincial residential tenancies tribunal or the designated body that handles landlord-tenant disputes in New Brunswick. The tribunal reviews evidence, may hold a hearing, and can order remedies if a breach occurred.[1]
Forms you may need
- Application to the Residential Tenancies Tribunal — used to start a formal complaint; file this when you want the tribunal to review the entry and order remedies (example: you submit this after documenting repeated unlawful entries).[3]
- Notice or evidence bundle — compile copies of your incident log, photos, and messages to attach to your application.
- Request for urgent hearing (if available) — ask the tribunal to schedule a faster hearing when ongoing entries pose immediate risk.
Timelines and what to expect
Tribunal procedures vary, but typical stages include filing, exchange of evidence, and a hearing. Keep copies of everything and respond promptly to tribunal communications.
- File the application within a reasonable time after the incident to ensure witnesses and evidence remain available.
- Attend the hearing (in person or virtual) where both sides present evidence and witnesses.
- If the tribunal issues an order, the landlord will usually have a set number of days to comply.
If you are unsure about your rights or need help preparing the application, review tenant resources and consider free legal clinics or tenant advisory services.
Finding alternatives and ongoing safety
If you feel unsafe or the situation continues after a tribunal decision, consider steps such as requesting an urgent protection order from local authorities, changing locks with proper notice as required, or seeking a new rental. For help finding housing options, visit Explore Houseme for nationwide rental listings to compare available units and plan a move.
FAQ
- Can a landlord enter without my permission in an emergency?
- Yes. Landlords can usually enter without notice for emergencies that affect safety or property, but they should explain the reason and document the event afterward.
- What if the landlord says they had permission?
- Collect any evidence of consent (texts, emails, witness statements). If you disagree, file an application with the tribunal and present your documentation at the hearing.
- Will I have to pay a fee to file a complaint?
- Tribunal fees vary. Check the tribunal website or the application form instructions for current fee information and fee-exemption options.
How-To
- Document the incident immediately: note date, time, who entered, and preserve messages and photos.
- Gather supporting evidence and copies of your rental agreement and any prior notices.
- Complete and submit an application to the Residential Tenancies Tribunal with your evidence attached.[3]
- Attend the hearing and present your incident log, witness statements, and photos.
- If the tribunal issues an order, keep the decision and follow up if the landlord fails to comply.
Help and Support / Resources
- Residential Tenancies Tribunal, Government of New Brunswick
- Government of New Brunswick – official services and legal resources
- Residential tenancies forms and guides
