Illegal Entry: Tenant Rights and Landlord Penalties in New Brunswick

If you’re renting in New Brunswick, it’s important to know your rights around privacy and your landlord’s obligations when it comes to entering your rental unit. Unsure if your landlord can enter without notice? Concerned about what to do if your privacy is violated? This guide will help you understand what the law says and what steps to take.

When Can a Landlord Enter Your Rental in New Brunswick?

New Brunswick’s Residential Tenancies Act defines when and how a landlord can legally enter a rental unit. Generally, the landlord:

• Must give the tenant at least 24 hours written notice before entering.
• Can only enter between 8:00 a.m. and 8:00 p.m., unless the tenant agrees otherwise.
• May enter without notice only in emergencies (such as fire or flood), or if the tenant has abandoned the unit.

This applies even after you’ve signed your rental agreement. Your right to reasonable privacy is protected by law.

What Counts as Illegal Entry?

If your landlord enters your home without proper notice—and it’s not an emergency or after you’ve abandoned the unit—this is considered "illegal entry" under New Brunswick law. Common examples include entering to show the unit to future tenants, making repairs, or checking up on you, if these visits aren’t pre-arranged with the required notification.

Key Exceptions to Entry Rules

• Emergency: No notice is needed if there’s a fire, serious water leak, or other urgent threat.
• Abandonment: If the landlord can reasonably believe you’ve abandoned the premises, they may enter.
• In all other circumstances, proper written notice must be provided.

What Should You Do if a Landlord Enters Illegally?

If you suspect your landlord has entered your unit without your permission or proper notice, take these steps:

• Document the date and time of entry and how you discovered it.
• Note any correspondence or lack of proper notice.
• Speak with your landlord if you feel comfortable, and remind them of the laws.
• If the issue continues, you can make a formal complaint to New Brunswick’s Office of the Residential Tenancies Tribunal (official site).

Filing a Complaint: Official Forms

• Form 16: Application for Assistance — Used to report issues such as illegal entry.
  • When to use: If your landlord repeatedly enters your unit without notice or you feel your privacy rights are violated.
  • How to use: Download from the Residential Tenancies Tribunal, complete the form, and submit it along with any supporting documentation (email notices, photos, written records).
  • Download Form 16 (PDF)

Penalties for Landlords: What Happens if They Violate the Law?

The Residential Tenancies Tribunal can investigate complaints about illegal entry. Penalties may include:

• Official warnings or reprimands to the landlord
• Orders for the landlord to stop the improper entry
• Compensation to the tenant, if appropriate

Serious or repeat violations could lead to further action, such as restriction of the landlord’s ability to rent properties in the future. For a greater understanding of the rights and responsibilities of both parties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Know Your Broader Tenant Rights

In addition to privacy, you have rights relating to rent increases, maintenance, security deposits, and repairs. For full coverage, see the province’s summary at Tenant Rights and Landlord Rights in New Brunswick. When moving in, it’s helpful to follow Essential Tips for Tenants When Moving Into a New Rental Home to set a solid foundation.

Looking for a new home or want options for your next move? Browse apartments for rent in Canada for listings across the country.

Frequently Asked Questions: Landlord Entry in New Brunswick

1. Can my landlord enter my home without notice?
   Generally, no. Your landlord must give you at least 24 hours’ written notice except in designated emergencies or if you’ve abandoned the rental.
2. What if my landlord repeatedly enters without consent?
   Document each entry and file a complaint using Form 16 with the Residential Tenancies Tribunal. Continued illegal entries can result in penalties for your landlord.
3. Is text or verbal notice enough?
   Notice should be in writing, ideally via a formal letter, but emails or texts may be accepted if they clearly state date, time, and reason.
4. Can a landlord enter for repairs if I am not home?
   Yes, if proper notice was provided. You can request to be present, but it is not required by law.
5. What are my options if I feel unsafe?
   You may apply to the Tribunal seeking remedies, and contact local authorities if you feel threatened or your safety is at risk.

Conclusion: Key Takeaways

• Your landlord must give you written notice before entering, except in emergencies.
• You can file a complaint with the Residential Tenancies Tribunal if your landlord enters illegally.
• Know your rights and document all interactions to protect yourself.

Respecting privacy and open communication can often prevent disputes. But if violations occur, New Brunswick law offers real remedies.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick): Official Government Portal
• Application for Assistance (Form 16): Download here (PDF)
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant Resources

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1. Residential Tenancies Act, New Brunswick. Read full legislation
2. Residential Tenancies Tribunal (Government of New Brunswick). Tribunal website
3. Residential Tenancies Forms. Access all official forms

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