What the law says in New Brunswick
The governing provincial law sets minimum notice requirements and lists when entry is allowed. In most cases landlords must give at least 24 hours written notice that includes the reason for entry, date and a reasonable time window. Emergency entry (for example, active flooding or a gas leak) is allowed without notice. If you disagree about whether an entry was lawful, you can raise the issue with the New Brunswick Residential Tenancies Tribunal [1] and rely on the Residential Tenancies Act for details and remedies.[2]
Common lawful reasons for entry
- To carry out agreed repairs or maintenance, including safety fixes.
- To inspect the unit for health, safety or compliance reasons, as allowed by law.
- To show the rental to prospective tenants or buyers with proper notice.
- To carry out agreed professional services such as meter reading or pest treatment.
Notice requirements and what to look for
Written notice should include the reason for entry, the proposed date, and a clear time window. A vague message like "sometime tomorrow" is not sufficient. If the notice does not meet these standards, ask the landlord to provide a corrected written notice or reschedule. When you accept a time, confirm in writing (email or text) so there is a clear record.
When landlords may enter without notice
- In emergencies that threaten life, safety, or significant property damage.
- When a court or tribunal orders access, or if the tenancy agreement includes a lawful clause that you previously agreed to.
How to respond as a tenant
If you receive a 24-hour notice you should:
- Check the notice details and confirm or request a clearer time window in writing.
- Take photos or video before and after any entry, and keep records of communications.
- Contact the landlord to resolve scheduling conflicts or privacy concerns.
Forms and official steps
New Brunswick provides tribunal pages and forms for disputes over entry or related issues. Typical uses include filing a complaint about an unlawful entry or requesting an order to stop repeated improper entries. For example, use the tribunal complaint process when you have written evidence showing repeated entries without proper notice. If you need specific forms, check the provincial tribunal page for up-to-date form names and filing instructions.[1]
Remember that your rental agreement and the Residential Tenancies Act explain rights and timelines; keep copies of any notices, photographs, and messages as evidence to attach to a complaint.[2]
Key steps if entry is improper
- Document the event: date, time, who entered, and any witnesses.
- Send a written message to the landlord stating your concern and requesting no further improper entries.
- If issues continue, file a complaint with the tribunal and attach your evidence.
FAQ
- Does a landlord need to give 24 hours notice in New Brunswick?
- In most cases yes; landlords are required to give reasonable advance written notice, usually at least 24 hours, except in emergencies.
- Can a tenant refuse entry after proper notice?
- If the notice gives a reasonable time window and a lawful reason, refusing entry can breach the tenancy; discuss alternatives or ask the landlord to reschedule in writing.
- What can I do if a landlord repeatedly enters without proper notice?
- Document each incident, tell the landlord in writing to stop, and if it continues file a complaint with the New Brunswick Residential Tenancies Tribunal.
How-To
- Read the notice carefully and note the date, reason, and time window offered.
- Respond in writing to confirm or request a clearer time if the notice is vague.
- Before entry, take photos or video and keep a dated log of communications.
- If the entry seems unlawful, send a formal written complaint to the landlord and keep a copy.
- If the problem continues, file a claim with the Residential Tenancies Tribunal with your evidence.
Key Takeaways
- Most entries require clear written notice with a stated reason and time window.
- Document all notices and communications to protect your rights.
- Use the provincial tribunal if a landlord repeatedly enters without proper notice.
For related tenant rights and obligations see Tenant Rights and Landlord Rights in New Brunswick and Obligations of Landlords and Tenants: Rights and Responsibilities Explained. You can also Find rental homes across Canada on Houseme to compare listings or research local landlords.
