Landlord Entry During Tenant Absence in New Brunswick

Tenants in New Brunswick have specific rights about when and how a landlord can enter a rental unit, even if the tenant is away. This guide explains required notice periods, permitted reasons for entry (like repairs or inspections), what qualifies as an emergency, and steps tenants can take to protect their privacy and belongings. You will learn how to document entries, communicate with your landlord, and what to do if you believe entry was unlawful or retaliatory. Practical examples and forms from the provincial tribunal are included so tenants can act confidently when filing a complaint or seeking remedies. The language is plain and aimed at renters who want clear, practical next steps.

When a landlord may enter

Under New Brunswick tenancy rules a landlord may enter for a limited set of reasons: routine repairs and maintenance, inspections, to show the unit to prospective tenants or buyers, and in emergencies. The governing law is the Residential Tenancies Act^[1], and disputes are decided by the Residential Tenancies Tribunal^[2]. Tenants and landlords should also review their written rental agreement for any additional, lawful provisions.

Common permitted reasons

• Repairs and maintenance required to keep the unit habitable.
• Routine inspections agreed by the lease or permitted by law.
• Showing the unit to prospective new tenants or buyers.
• Emergency entry to prevent serious damage or risk to safety.

Notice and timing rules

Except in emergencies, landlords must give advance notice before entering. The notice must state the reason and a reasonable time for entry. If the landlord needs to enter within a specific period set by law or the lease, follow that timeline and record communications.

• Provide the notice within the time required by the lease or legislation, when specified.
• For routine visits, landlords typically give 24 hours' notice unless the lease says otherwise.
• If a landlord fails to follow notice rules, tenants can record the breach and seek remedies through the tribunal.

Emergencies and urgent repairs

In genuine emergencies (fire, flood, gas leak, imminent structural danger) a landlord may enter immediately to protect life and property; notice is not required before entry in those situations. After an emergency entry, a landlord should explain the action taken and provide documentation of the emergency. Tenants should take photos of any damage and keep records of communications.

Privacy, keys and consent

Tenants have a reasonable expectation of privacy. Landlords may not enter to harass, intimidate, or retaliate. Changing locks or removing tenant property without consent can be illegal. If you give consent for entry while away, document the consent in writing and list any limits (time window, who may enter, purpose).

What to do if you believe entry was unlawful

If you think a landlord entered unlawfully, take these steps: document the incident with photos or video, keep copies of notices and messages, and ask the landlord for a written explanation. If the issue isn’t resolved, you can file an application with the Residential Tenancies Tribunal^[2] requesting an order or compensation and include your evidence.

Practical examples

• If a landlord enters for a repair while you are away, save receipts and photos of the repair and the notice provided.
• If you receive notice to show the unit to new tenants, confirm the date and time in writing and record who attended.

Official forms and how to use them

There are specific forms to start tribunal actions and to serve notices; example names include the Application to the Residential Tenancies Tribunal and prescribed Notice forms for repairs or entry. Use the application form when you want the tribunal to review a dispute about unlawful entry or compensation^[3]. Attach evidence such as dated photos, copies of notices, and a written timeline of events. The tribunal form explains filing fees, where to submit and how to serve the landlord.

Tenant and landlord responsibilities

Both parties should act reasonably: landlords must give proper notice and limit entry to lawful reasons, while tenants should provide reasonable access for repairs and legitimate inspections. For an overview of shared duties see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and the local rights summary at Tenant Rights and Landlord Rights in New Brunswick.

FAQ

Can my landlord enter without notice if I am away?

Only in genuine emergencies; otherwise the landlord must give proper notice and state the reason for entry.

What counts as an emergency?

Events that threaten safety or cause immediate property damage, like fire, major leaks, or gas leaks, qualify as emergencies.

How do I file a complaint about unlawful entry?

Document the incident, request an explanation in writing, and file an application with the Residential Tenancies Tribunal when necessary.

How-To

1. Gather evidence: dates, times, photos, copies of notices and messages related to the entry.
2. Request a written explanation from the landlord and keep a record of the response or lack of response.
3. Complete and submit the tribunal application form with all evidence and follow the tribunal's instructions for service and fees.

Key Takeaways

• Landlords may enter for limited, specified reasons and usually must give notice.
• Emergencies allow immediate entry, but non-emergency entries require advance notice.
• Document every entry and keep copies of notices to support a tribunal application if needed.

Help and Support / Resources

• Residential Tenancies Tribunal (New Brunswick)
• Residential Tenancies Act (New Brunswick)
• Service New Brunswick - Residential Tenancies information

1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal (New Brunswick)
3. [3] Service New Brunswick - Forms and guidance for tenants