Landlord Harassment Rulings in New Brunswick: Key Cases for Tenants

Facing landlord harassment as a tenant in New Brunswick can be overwhelming, but understanding key legal decisions and your rights can make a difference. When a landlord’s actions cross the line—such as repeated entry without notice, threats, or interference with your peaceful enjoyment of your home—the law offers protection and recourse. This article walks you through important residential tenancy case summaries, explains the legal standards, and shares what steps to take if you believe you are being harassed.

What Is Landlord Harassment?

Landlord harassment includes behavior by a landlord or their agent that seriously disturbs a tenant’s reasonable use and enjoyment of their rental unit. Common examples are:

• Unlawful entry into your unit without proper notice
• Continuous or aggressive communication, including threats or intimidation
• Interfering with essential services (such as heat, water, electricity)
• Actions intended to force you to move out or retaliate because you exercised your tenant rights

In New Brunswick, protections against harassment are set out in the Residential Tenancies Act (RTA)^[1]. Section 25 states landlords must not interfere with, interrupt, or threaten the reasonable enjoyment of the rental unit by the tenant.

Important Tribunal and Court Rulings on Harassment

Residential tenancy disputes, including those about harassment, are managed by the Residential Tenancies Tribunal of New Brunswick^[2]. Several tribunal decisions have set precedents for what constitutes landlord harassment. Key cases highlight:

• C.M. v. D.C., 2021 NBRTT: The Tribunal found repeated entry without notice and threatening language to be harassment. The landlord was ordered to cease and the tenant was entitled to reduced rent for loss of enjoyment.
• R.M. v. L.S., 2019 NBRTT: Where the landlord cut off utility services as retaliation after the tenant made a maintenance complaint, the Tribunal ruled this was harassment and awarded compensation to the tenant.
• C.R. v. M.J., 2022 NBRTT: After frequent unannounced visits, the Tribunal held the landlord in violation of Section 25 of the RTA, reinforcing the tenant's right to privacy and peace.

In all cases, documentation was crucial. Tenants who kept written records, audio evidence, or detailed emails had much stronger cases.

Your Right to Quiet Enjoyment

Under New Brunswick law, tenants are entitled to quiet enjoyment—a key principle confirmed in tribunal rulings. This means you have the right to live in your home without unreasonable disruption. Conversely, your landlord can only enter your unit for legal reasons (like repairs or inspections) and must provide at least 24 hours’ written notice unless it’s an emergency.

For full details on obligations, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If You Experience Landlord Harassment: What Steps Should Tenants Take?

If you feel harassed by your landlord, know that you have options. Document every incident, and remember that the Residential Tenancies Tribunal is there to help resolve disputes. Tenants benefit from quick filing processes and the protection of recent legal precedents.

Relevant Forms for New Brunswick Tenants

• Tenant Complaint - Form 10: Used to formally complain to the Residential Tenancies Tribunal about harassment, illegal entry, or loss of enjoyment.
  How to use it: Complete and submit to the Tribunal as soon as possible after harassment occurs.
  View Form 10 (Tenant Complaint)
• Notice of Entry - Form 3: Required for landlords to enter a tenant’s unit. If proper notice wasn’t given, reference this form when filing a complaint.
  View Form 3 (Notice of Entry)

For more on rights after lease signing, visit What Tenants Need to Know After Signing the Rental Agreement.

How Legal Precedents Empower Tenants

The Tribunal’s recent decisions reinforce that harassment is taken seriously in New Brunswick. A tenant who is able to clearly demonstrate a pattern of landlord misconduct can be awarded:

• Compensation for lost enjoyment of the rental unit
• Orders requiring landlords to stop harassing behaviors
• Potential rent reductions for the period the harassment occurred

Learning from these precedents is one of the best ways to protect your rights and improve your rental experience.

Find additional facts about tenancy protections on the Tenant Rights and Landlord Rights in New Brunswick page.

Useful Related Topics for Tenants

• Common Issues Tenants Face and How to Resolve Them
• Explore Houseme for nationwide rental listings

1. What should I include in my evidence if I file a harassment complaint?
   Collect written communications, audio/video (if permitted), photos, and keep a diary of incidents. Date and time every entry and save all documents you submit or receive from your landlord or the Tribunal.
2. Can I break my lease in New Brunswick if my landlord is harassing me?
   You may have grounds to terminate your lease early if harassment makes your home unlivable, but this must go through the Residential Tenancies Tribunal. Never move out without first consulting them or seeking advice, as you could be liable for rent.
3. Does a landlord always need to give written notice before entering my unit?
   Yes—except in emergencies, New Brunswick landlords must provide at least 24 hours’ written notice using the official form. Otherwise, their entry may be deemed harassment.
4. What compensation can tenants receive after Tribunal rulings on harassment?
   Tenants may receive rent reductions, compensation for loss of enjoyment, and formal orders stopping landlord behavior—but every case is unique.
5. Where can I get reliable help if I feel my landlord is harassing me?
   Contact the Residential Tenancies Tribunal, local legal aid, or tenant support organizations listed below.

Key Takeaways

• New Brunswick law protects tenants from landlord harassment and ensures the right to quiet enjoyment.
• Keep records, use official complaint forms, and seek early help from the Residential Tenancies Tribunal.
• Use recent Tribunal decisions as guidance and support for your rights.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – All forms and dispute resources
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB)
• Local Legal Aid Services – Check Legal Aid New Brunswick
• Tenant advocacy groups in your city (ask the Tribunal for local contacts)

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal of New Brunswick

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