Illegal lockouts happen when a landlord prevents a tenant from entering a rental unit or removes belongings without a formal eviction. If you rent in New Brunswick, it is essential to know your tenant rights and immediate steps to protect your housing, health and possessions. This guide explains how to respond, how to document the lockout, which official forms to use, and how to apply to the Residential Tenancies Tribunal for an urgent remedy. We use plain language and practical examples so tenants can act quickly, preserve evidence and restore access or obtain compensation when appropriate. If you need immediate help, follow the steps below and contact the tribunal or local services.
What is an illegal lockout?
An illegal lockout occurs when a landlord changes locks, blocks access, removes doors, or removes a tenants belongings without following the provinces eviction process. Lockouts can be temporary or ongoing; either way they are disruptive and may violate the Residential Tenancies Act and related rules in New Brunswick.[2]
Immediate steps to take
- Take dated photos and videos of the door, lock, and any damage to show you were prevented from entering.
- Call police if you are locked out and there is an immediate safety concern or if your belongings are at risk.
- Keep records of recent rent payments, receipts, bank records or e-transfers to prove you are up to date or to show any dispute about arrears.
- Send a written notice (email or registered letter) to the landlord describing the lockout and requesting immediate access; keep a copy.
- Apply immediately to the Residential Tenancies Tribunal for an urgent remedy if the landlord will not restore access.
Official remedies and forms
The Residential Tenancies Tribunal handles disputes about illegal lockouts and emergency remedies in New Brunswick.[1] Common official documents include an application to the tribunal and specific hearing or urgent request forms available from the tribunals website. Example: "Application to the Residential Tenancies Tribunal" (use this when you want the tribunal to order immediate access or compensation). Another common form is a written "Notice to the Landlord" or formal evidence bundle you submit with your application.
Practical example: if a landlord changes your locks overnight, file the tribunal application form, attach dated photos, a copy of your rent receipts and the written notice you sent the landlord. Ask the tribunal for an expedited hearing or interim order to restore access.
How the tribunal process usually works
After you submit an application, the tribunal will schedule a date. You may be offered mediation or a hearing. At a hearing you can present evidence, call witnesses and request an order for access, return of belongings, or compensation. If the tribunal grants an order and the landlord does not comply, the order can be enforced by provincial enforcement mechanisms.
Evidence and record-keeping
- Save dated photos and videos showing the lockout, locks, and any notices left at the property.
- Keep copies of emails, text messages and any written notices you send or receive regarding access.
- Keep receipts for rent, utilities and expenses you incur because of the lockout, such as hotel or storage fees.
- Make a dated inventory of any personal items missing or damaged and include photos where possible.
Rights and landlord responsibilities
Landlords must follow the provinces eviction procedures and cannot take self-help measures like changing locks or removing belongings without an order. Tenants retain the right to peaceful enjoyment and quiet use of the rental unit; landlords must provide reasonable access and cannot cut utilities or lock tenants out as a way to remove them.
For more on provincial rights and responsibilities, read Tenant Rights and Landlord Rights in New Brunswick and for tips on raising complaints use How to Handle Complaints in Your Rental: A Tenant's Guide.
FAQ
- Can a landlord lock me out without notice?
- No. In New Brunswick a landlord cannot lawfully lock out a tenant without following the formal eviction process; doing so is typically illegal and you can apply to the tribunal for urgent relief.
- What should I do immediately if I am locked out?
- Document the situation with photos and written notes, contact police if your safety or belongings are at risk, notify the landlord in writing and file an application with the Residential Tenancies Tribunal for an urgent order.
- How long does it take to get a tribunal order?
- Timelines vary; some urgent requests are heard quickly but you should file immediately and request an expedited hearing where access or safety is at stake.
How-To
- Document the lockout with dated photos, videos and a written inventory of missing items.
- Call police if there is an immediate safety concern or risk to personal property.
- Send a written demand for access to the landlord and keep a copy of the message and delivery proof.
- File an application to the Residential Tenancies Tribunal asking for an urgent order to restore access and list all evidence.
- Attend the hearing or provide sworn statements; if the tribunal grants an order, follow its instructions and keep records of compliance or non-compliance.
Help and Support / Resources
- Residential Tenancies Tribunal: contact and application information
- Government of New Brunswick: housing and tenancy information
- Service New Brunswick: forms and document filing
