Landlord Entry Without Notice: Tenant Rights in New Brunswick

If you're renting in New Brunswick and your landlord enters your rental unit without notice, you may feel worried, upset, or unsure about your rights. This guide explains what New Brunswick law says about landlord entry, how you can respond, and what steps to take if your privacy is violated—all in accessible language for tenants.

When Can a Landlord Enter Your Rental in New Brunswick?

Under New Brunswick’s Residential Tenancies Act^[1], landlords have the right to enter your rental unit for certain reasons, but strict rules apply about notice and timing.

• Written notice required: Landlords must give you 24 hours’ written notice stating the reason and date/time of entry.
• Permitted hours: Entry must occur between 8:00 a.m. and 8:00 p.m., unless you agree otherwise.
• Valid reasons: To make repairs, show the unit to prospective tenants or buyers, or inspect the property.
• Emergency exception: No notice is needed in emergencies—like fire, flooding, or urgent repairs that threaten safety.

If your landlord enters without proper notice and it’s not an emergency, this is a breach of your legal right to reasonable enjoyment and privacy in your home.

What Should You Do if Your Landlord Enters Without Notice?

If your landlord appears at your door or enters your unit without giving the required notice, consider these practical steps:

• Stay calm and ask your landlord why they are there.
• Remind them, politely but firmly, that 24 hours’ written notice is required by law—unless it’s an emergency.
• Document the incident: note the date, time, and what happened, and if possible, obtain written proof or take photos (if it’s safe). Ask anyone who witnessed the entry to write down what they saw.
• Email or text your landlord to express your concerns and ask them to respect your right to notice in the future.
• If the entry was not justified (not an emergency), consider making a formal complaint or seeking legal remedies (see below).

Your right to privacy and security in your home is protected by law in New Brunswick. For more on your everyday tenancy rights, see Tenant Rights and Landlord Rights in New Brunswick.

Making a Formal Complaint: Forms and Tribunal Process

Repeated or serious violations of privacy can be addressed through New Brunswick’s official tenancy system, handled by the Residential Tenancies Tribunal.

Filing a Tenant’s Application (Form 6)

• Form name and number: Application by Tenant (Form 6)
• When to use: If your landlord continues to enter without notice or your enjoyment of the unit is being disrupted, use this form to request help from the Tribunal.
• Where to get the form: Download the Application by Tenant (Form 6).
• How it's used (example): You describe the privacy breach, attach any evidence, and submit it to the Tribunal, who will review the situation and may order the landlord to stop the behavior or even award compensation.

For detailed information on your responsibilities as a tenant and what to expect after signing your lease, see What Tenants Need to Know After Signing the Rental Agreement.

What Law Covers Landlord Entry in New Brunswick?

Landlord and tenant rights—including privacy, notice for entry, and dispute resolution—are set by the Residential Tenancies Act of New Brunswick^[1]. This legislation explains when and how a landlord can enter your rental unit and what to do if the law is broken.

Your Rights, Your Options

• You have the right to 24 hours’ written notice, except in emergencies.
• Keep records of any breaches—it helps protect your rights.
• If discussion with your landlord doesn’t resolve the issue, use the official complaint process.

Other Common Tenant Issues

Unannounced landlord entry is just one of several issues tenants in New Brunswick may face. For a broader overview, consult Common Issues Tenants Face and How to Resolve Them for practical guidance on complaints, repairs, and more.

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FAQ: Landlord Entry and Tenant Rights in New Brunswick

1. Can my landlord enter my home without any notice?
   In almost all cases, your landlord must provide you with at least 24 hours' written notice before entering, unless it's an emergency.
2. What counts as an emergency?
   Emergencies include situations where immediate entry is needed to prevent damage or risk to people or property, such as fire, burst pipes, or gas leaks.
3. What should I do if I feel harassed by repeated unannounced visits?
   Document each incident in detail. If discussions don't resolve the issue, you can file a formal complaint using Application by Tenant (Form 6) with the Residential Tenancies Tribunal.
4. Can I refuse landlord entry even if they give notice?
   You cannot refuse reasonable access for valid reasons stated in the Act (like repairs or showings) if proper notice is given.

Key Takeaways for New Brunswick Tenants

• Landlords must give you 24 hours’ notice for entry (except emergencies)
• You have the right to privacy and enjoyment of your rental unit
• If your rights are being violated, document everything and use the formal complaint process if necessary

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Information, forms, and tenant support
• Residential Tenancies Forms: Download applications and complaint forms
• Tenant advocacy: Contact the New Brunswick Tenants Rights Group or local community legal clinics for personalized support
• Learn more about your full range of rights from Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act of New Brunswick (2024)
2. Residential Tenancies Tribunal – Government of New Brunswick
3. Application by Tenant (Form 6) – Government of New Brunswick

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