Landlord Entry and Tenant Consent Rules in New Brunswick
Understanding when and how your landlord can enter your rental unit is vital to maintaining your privacy and peace of mind in New Brunswick. As a tenant, you have important rights and can grant or refuse landlord access under certain conditions. This guide explains the basic rules, notice requirements, and forms tenants and landlords should know.
Landlord Entry Rights: When Can Your Landlord Enter?
In New Brunswick, a landlord cannot enter your rental home whenever they wish. The law clearly states when, why, and how entry is allowed to protect tenants' privacy.
- Emergencies: A landlord may enter without notice if there is a genuine emergency, like a fire or major water leak.
- Agreed Entry: You may agree to let the landlord in at any mutually convenient time.
- Routine Maintenance and Inspections: Landlords need your consent or must provide 24 hours' written notice, stating the reason and time (between 8 a.m. and 8 p.m.).
- Showings: If you're moving out, landlords can enter with proper notice to show the unit to prospective tenants or buyers.
This balance helps keep your home safe while letting the landlord look after their property. For more about your general responsibilities and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Is Tenant Consent?
"Tenant consent" means giving your permission for the landlord to enter your rental outside of emergency or legal situations. Consent can be:
- Written (email or text counts as written)
- Verbal (for informal situations, but best to get in writing for clarity)
Without your consent or a legal reason (like emergencies or proper notice), a landlord cannot enter. Even with notice, it should be at a reasonable time, and specific reasons for entry must be provided.
How Much Notice Is Required?
New Brunswick law requires your landlord to give at least 24 hours' written notice before entering your unit, unless:
- You have agreed otherwise in writing
- It's an emergency
The notice must state:
- The reason for entry (e.g., repairs, inspection, showing to potential buyers/tenants)
- The date and time (between 8 a.m. and 8 p.m.)
If you have concerns about frequent entries or feel your privacy is being violated, you have a right to formally dispute or file a complaint.
Official Forms for Landlord Access and Disputes
The New Brunswick Residential Tenancies Tribunal oversees landlord-tenant matters, including complaints about landlord entry.[1]
- Notice of Entry (no standard government form): Landlords must provide you with written notice (email, letter, or text).
-
Tenant's Application for Assistance (Form 16): If your landlord enters without notice or repeatedly disturbs your privacy, submit Form 16 - Application for Assistance to the Residential Tenancies Tribunal.[2]
Example: If your landlord keeps entering your apartment without notice to check on repairs, you can use this form to request a formal investigation.
For step-by-step guidance, follow the steps in the “How To Protect Your Right to Privacy” section below.
Your Privacy Rights Are Protected by Law
The main provincial law governing rentals in New Brunswick is the Residential Tenancies Act. This legislation spells out the rules on landlord access, tenant consent, and privacy.[3]
When to Seek Help or File a Complaint
If you feel your rights are not being respected, you may:
- Try to discuss the entry issue with your landlord to find a solution
- Call the Residential Tenancies Tribunal for advice
- File Form 16 for a tribunal investigation
If your landlord repeatedly breaches entry rules, documenting each incident and notifying the tribunal early can help protect your rights.
Tips for Tenants on Landlord Access
- Always request written notice for planned entries
- Keep records of all landlord communications about entry
- If you’re uncomfortable, clarify times and reasons before agreeing to access
- In emergencies, cooperate with your landlord to address the urgent situation
Learn more about Emergency Situations and Repairs: Tenant Rights and Responsibilities if landlord entry concerns involve urgent repairs.
Where Else Can I Learn About My Rights?
For a broader overview of tenant protections, see full details on Tenant Rights and Landlord Rights in New Brunswick. For general rental living information and moving tips, explore What Tenants Need to Know After Signing the Rental Agreement.
Ready to find a new place, or want to compare rental options? Explore Houseme for nationwide rental listings for a variety of apartments and homes throughout Canada.
FAQ: Tenant Consent & Landlord Access in New Brunswick
- Does my landlord need my permission to enter for repairs?
Unless it is an emergency, your landlord needs to give you at least 24 hours’ written notice before entering for repairs. You can choose to agree to an earlier entry. - Can a landlord enter without notice in any situation?
Yes, in true emergencies like fire or flooding, a landlord can enter your unit without any notice. - What can I do if my landlord keeps coming into my unit without permission?
Document the incidents and contact the Residential Tenancies Tribunal. You can submit Form 16 to request help formally. - Do I have to be home during a landlord’s visit?
No, you do not have to be present, but you must be given proper notice and the visit must occur at a reasonable time. - Where do I file a complaint about landlord entry issues?
All complaints are handled by the New Brunswick Residential Tenancies Tribunal.
Key Takeaways
- Landlords need 24 hours' written notice for entry except in emergencies or with your agreement.
- Your consent is important; you can refuse unreasonable entry requests.
- Use Form 16 to file official complaints with the Residential Tenancies Tribunal.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal, New Brunswick: Main government body for rental disputes and inquiries.
- Phone: 1-888-762-8600 (Service New Brunswick)
- Public Legal Education and Information Service of New Brunswick: Tenant information services
- Tenant Rights and Landlord Rights in New Brunswick: Local tenant facts and guidance
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