In New Brunswick, renters have clear protections if a landlord tries to enter a rental unit without permission. This guide explains what counts as illegal entry, when a landlord must give written notice, and practical steps tenants can take to document incidents, protect their privacy and pursue remedies through the Residential Tenancies Tribunal. You will find examples of illegal entry, how to gather evidence, when to contact your landlord or a dispute resolution service, and what official forms or applications you might use. The information is written for tenants and renters who need plain guidance on preserving their rights and pursuing a fair outcome in New Brunswick.
What the law says about landlord entry in New Brunswick
Provincial tenancy rules set limits on when a landlord can enter a rental unit. In most cases landlords must provide advance written notice and have a valid reason such as repairs, an inspection, showing the unit to prospective tenants or buyers, or in an emergency. Tenants may refuse entry if proper notice or a lawful reason is not provided. If you need to file a dispute, the Residential Tenancies Tribunal handles tenancy complaints in New Brunswick.[1][2]
When landlord entry is illegal
- Entering the unit without any prior notice or consent from the tenant.
- Repeated or harassing entries intended to intimidate or pressure a tenant.
- Entering at unreasonable times, for example very late at night, when no emergency exists.
- Using entry as retaliation for exercising tenant rights, such as asking for repairs.
What to do if a landlord enters illegally
If your landlord has entered without permission, take calm, practical steps to protect your rights and create a clear record. Always prioritize safety in the moment; if you feel threatened call local police immediately.
- Document what happened: date, time, who entered, what was said and any witnesses; keep photos of any damage or evidence.
- Tell the landlord in writing that the entry was not authorized and request an explanation and assurances it will not recur.
- File a complaint with the Residential Tenancies Tribunal if the landlord will not stop or if you want the tribunal to decide remedies.[2]
Official forms and how to use them
New Brunswick does not always require a prescribed form for every notice, but there are commonly used documents and tribunal applications you should know about:
- Notice of Entry (no specific provincial form number): landlords should provide written notice stating the reason, date and time. Example: a landlord gives 24 hours written notice to perform a scheduled repair and names the specific time window.
- Application to the Residential Tenancies Tribunal (application form supplied by the Tribunal): use this to request a hearing if illegal entry continues or to seek compensation. Example: you submit an application describing repeated unlawful entries and attach your photos and logs.
- Evidence package (no formal number): compile dated messages, photos, receipts, witness statements and any keys or locks records to support your application.
For specific document templates and the Tribunal's application process, consult the official Residential Tenancies pages for New Brunswick and the Tribunal guidance.[1][2]
When to get legal help or community support
If a landlord's behaviour is persistent or you face potential eviction, consider seeking free or low-cost legal advice from a community legal clinic or tenant advocacy service. If an immediate safety risk exists, contact police first. If the issue is about repairs combined with unlawful entry, resources on repairs and health and safety may also help clarify your rights.[3]
For broader tenant rights in the province see Tenant Rights and Landlord Rights in New Brunswick, and for step-by-step guidance on making complaints see How to Handle Complaints in Your Rental: A Tenant's Guide. If you are also considering moving after repeated problems, you can Find rental homes across Canada on Houseme to explore alternatives.
FAQ
- Can my landlord enter my rental without notice?
- No. Except in emergencies, landlords generally must give advance written notice and have a valid reason. Immediate entry without a lawful reason is usually not allowed.
- How much notice must a landlord give?
- Notice periods can vary by circumstance; many non-emergency entries require reasonable written notice (commonly around 24 hours). Check the Residential Tenancies Tribunal guidance for the exact rule that applies.
- What evidence helps if I file a complaint?
- Dated photos, a written log with times and witnesses, copies of messages, and any written notices from the landlord are the most helpful evidence to support a complaint.
How-To
- Document the incident immediately with dates, times, photos and names of witnesses.
- Send a clear written message to the landlord describing the unauthorized entry and request that it stop.
- Prepare an application and evidence package and submit it to the Residential Tenancies Tribunal if the landlord does not remedy the conduct.
- If needed, contact a local legal clinic or tenant support service for help preparing for the tribunal hearing.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Government of New Brunswick: Residential tenancies information
- Service New Brunswick: Renting and housing services
