Key Legal Precedents for Quiet Enjoyment in New Brunswick

If you rent a home or apartment in New Brunswick, you have a right to "quiet enjoyment" of your rental. Understanding what this means, and what to do when your peace and privacy are disrupted, is essential for protecting your rights. This article offers a practical overview of key legal precedents on quiet enjoyment—backed by the latest government sources. You'll learn when to seek help, how to use the right forms, and where to turn if you need support as a tenant.

What Does "Quiet Enjoyment" Mean for New Brunswick Tenants?

"Quiet enjoyment" means your landlord must not disturb your right to reasonable privacy, peace, and uninterrupted use of your living space. This applies to noise, invasions of privacy, improper entry, and other significant disturbances.

Under the Residential Tenancies Act of New Brunswick^[1], landlords must not interfere with a tenant's quiet enjoyment, except in certain circumstances allowed by law (such as lawful entry with notice or emergencies).

Real-World Examples of Quiet Enjoyment Disruption

• Unnecessary or repeated entry by the landlord without proper notice or permission
• Ongoing, unaddressed noise from neighbouring tenants or the building environment
• Failure to repair significant problems that impact the comfort or safety of the unit
• Allowing conditions such as ongoing pest infestations or health hazards

Legal Precedents and Tenancy Tribunal Rulings

The New Brunswick Residential Tenancies Tribunal oversees disputes about quiet enjoyment. Decisions by this Tribunal help define both rights and responsibilities for landlords and tenants in the province.

Some important legal precedents from New Brunswick include:

• Landlord's repeated entries: Tribunal cases have confirmed that landlords must provide proper written notice and have legitimate reasons to enter. Multiple unannounced visits may violate quiet enjoyment.
• Unaddressed problems (noise, repairs, pests): When landlords fail to act on serious complaints—like ongoing health and safety concerns—the Tribunal may order remedies or rent reductions. Learn more about Health and Safety Issues Every Tenant Should Know When Renting.
• Retaliatory actions: If a tenant complains about quiet enjoyment and the landlord issues an eviction or makes threats, the Tribunal may see this as unacceptable interference.

These precedents mean that tenants have protections when significant or repeated disturbances occur, provided they document events and follow the correct complaints process.

How Tenants Can Protect Their Right to Quiet Enjoyment

Taking these steps can help if you believe your quiet enjoyment is being violated:

1. Document all issues: Keep written records of dates, times, and details of every problem or disturbance.
2. Communicate in writing: Contact your landlord by email or letter to formally explain the problem and request a solution.
3. Consult New Brunswick's official forms and process: If written requests do not resolve the situation, you may use the following official forms.

Official Forms: Complaints and Applications

• Application for Assistance (Form 1): Use this form to ask the Residential Tenancies Tribunal to investigate if your right to quiet enjoyment is being violated.
  Find Form 1 – Application for Assistance here.
  Example: You have repeatedly informed your landlord about a major noise issue from a neighbouring tenant with no action taken. Complete Form 1 and submit it to the Tribunal as instructed on the form.

Always follow up with any instructions from the Tribunal and keep copies of all submitted documents.

The Role of New Brunswick's Residential Tenancies Tribunal

This independent body will review the complaint, may offer mediation, or hold a formal hearing if needed. The Tribunal has authority to order remedies for tenants if it finds the landlord has breached the right to quiet enjoyment. For further insight into your rights as a tenant or landlord, see Tenant Rights and Landlord Rights in New Brunswick.

Across Canada, listings are available for tenants who may need to move for a quieter environment. Find rental homes across Canada on Houseme for options near you.

Related Resources for Tenants

Quiet enjoyment often overlaps with other basic tenant rights and responsibilities. Learn more in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

FAQ: Quiet Enjoyment and Tenant Rights in New Brunswick

1. What is "quiet enjoyment" in a rental agreement?
   It means your right to live peacefully in your home without serious disturbance by your landlord or others. New Brunswick protects this right by law.
2. What should I do if my landlord violates my quiet enjoyment?
   Document the issue, communicate in writing, and if unresolved, file a complaint with the Residential Tenancies Tribunal using the appropriate form.
3. Can a landlord enter my unit without permission?
   Generally, no. Your landlord must give 24 hours written notice and can only enter for specific reasons. Emergency entries are the main exception.
4. Can I get a rent reduction if my quiet enjoyment is violated?
   Possibly. The Tribunal may order compensation or remedies if it agrees your rights were breached.
5. Who do I contact if I need help with a quiet enjoyment dispute?
   Contact the Residential Tenancies Tribunal, tenant support services, or refer to the resources listed below.

Conclusion: Know Your Rights and Steps

• Your right to quiet enjoyment is protected by law in New Brunswick.
• Always document problems and try to resolve them directly with your landlord first.
• Use official Tribunal forms if informal solutions do not work.

A basic understanding of legal precedents and complaint processes empowers you to protect your rental rights.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Official information, forms, and contact details
• Find rental homes: Find rental homes across Canada on Houseme
• Provincial Rights: Tenant Rights and Landlord Rights in New Brunswick

---

1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal (Province of NB)
3. Official Tenant Forms and Applications

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy