Is It Legal to Record Your Landlord’s Entry in New Brunswick?
Dealing with landlord entry can feel stressful for tenants, especially if you’re worried about your privacy or wish to document what happens when your landlord enters your rental unit in New Brunswick. Understanding your legal rights about recording, privacy, and landlord entry rules can help you protect yourself and maintain a positive tenancy.
Landlord Entry Rules in New Brunswick
In New Brunswick, landlords have the right to enter a rented property only under certain conditions. According to the Residential Tenancies Act (New Brunswick), your landlord must provide at least 24 hours’ written notice before entering your unit, except in emergencies. Entry is only allowed between 8 a.m. and 8 p.m., and the landlord must have a valid reason, such as repairs, inspections, or showing the unit to prospective tenants.
What Counts as Emergency Entry?
Examples of emergencies include fire, flooding, or urgent repairs that cannot wait. In these cases, your landlord can enter without notice, but only to address the immediate problem.
Your Right to Privacy
Tenants have a right to reasonable privacy and security in their rental home. If a landlord repeatedly enters without proper notice or enters for reasons not permitted by law, it could be considered a violation of your privacy rights.
Can You Legally Record Your Landlord?
New Brunswick law is clear: under the Privacy Act (NB) and Canada’s Criminal Code, it is legal to record a conversation or video in your own home if you are a participant in the conversation or present for the entry. This means you can:
- Audio record your conversations with the landlord during entry without their consent, as long as you are present.
- Video record the landlord’s actions inside your unit when you are present, but avoid hidden recording devices as that may violate privacy laws.
However, recording devices in private areas (like bathrooms) or recording conversations you are not part of can be illegal. Before recording, consider the context and your reasons. It’s often best to notify your landlord, or use recording to only protect your interests, not to escalate conflict.
Best Practices When Recording
- Inform your landlord you’ll be recording, if possible. This can prevent misunderstandings.
- Only record in common areas and during lawful entry.
- Keep the recording for your own evidence in case of disputes.
- Do not share or publish recordings unless absolutely necessary and legal to do so.
If you ever feel unsafe or unsure, talk to the Residential Tenancies Tribunal of New Brunswick for help or file a formal complaint.
Forms and Practical Tenant Steps
If you believe your landlord has violated your privacy or entered improperly, you can take action:
- Notice of Complaint (Form 13-1715): Use this form to file a complaint with the Residential Tenancies Tribunal if your landlord enters without proper notice or consent. Clearly describe the incident, attach supporting evidence, and submit to the Tribunal.
- Notice to Enter: If your landlord does not provide this written notice, it could be grounds for a complaint. Keep copies of all notices and record any irregularities.
To learn more about your general rights as a tenant, visit the Tenant Rights and Landlord Rights in New Brunswick page.
Understanding Tenant and Landlord Obligations
Both tenants and landlords have duties that help maintain a respectful tenancy. For more, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained, which covers responsibilities around privacy, maintenance, and respectful communication.
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FAQ: Privacy and Recording in Rental Units
- Can I use my phone to record my landlord during an inspection?
Yes, as long as you are present and recording for your own records. Informing the landlord is courteous, but not required by law. - What should I do if my landlord enters without notice?
Document the incident, keep any evidence (like photos or recordings), and submit a complaint to the Residential Tenancies Tribunal. - Is it legal to install security cameras in my rental unit?
You may install cameras in your private space for security, but not in shared or common areas, and never in places where privacy is expected (e.g., bathroom). - Can my landlord record me inside my own unit?
No, unless they have your consent or are responding to a lawful reason (like emergency repairs with proper notice), this would be a violation of your privacy. - Which authority do I contact for landlord entry and privacy complaints?
Contact the Residential Tenancies Tribunal of New Brunswick for complaints regarding privacy, entry, or to access forms and support.
Conclusion: Key Takeaways for Tenants
- It is legal to record your landlord’s entry in New Brunswick if you are present for the conversation or incident.
- Your landlord must give 24 hours’ written notice for most non-emergency entries as required under the law.
- If your privacy is breached, document what happened and submit a formal complaint to the Residential Tenancies Tribunal.
Remember, understanding and communicating your rights helps prevent conflicts and creates a safer home environment.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick: Advice, complaints, and legal forms
- Service New Brunswick – Residential Tenancies: Forms, guidance, and official information
- Local legal clinics or tenant support groups in your community
- Residential Tenancies Act (New Brunswick). See current Residential Tenancies Act.
- Privacy Act (New Brunswick). Official New Brunswick Privacy Act.
- Service New Brunswick – Residential Tenancies Tribunal. Official Tribunal Information.
- Form 13-1715: Notice of Complaint. Download from Service New Brunswick.
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