Landlord Illegal Entry: What New Brunswick Tenants Can Do

Feeling unsafe or invaded in your own rental can be distressing. If your landlord is entering your New Brunswick unit without proper notice, it's important to know your rights and the steps you can take to protect your privacy. This guide explains what landlords can and can't do, what counts as illegal entry, and what you can do to address the issue under New Brunswick law.

Landlord Entry Rules in New Brunswick

Under the Residential Tenancies Act of New Brunswick^[1], tenants have the legal right to privacy in their home. Landlords can only enter your rental unit for specific reasons and must follow clear notice rules, except in emergencies.

When Can a Landlord Enter?

• For repairs or inspections, provided you get at least 24 hours’ written notice.
• To show the unit to prospective tenants or buyers, again with 24 hours’ advance written notice.
• In case of emergency (such as fire, flooding, or urgent repairs threatening health or safety), a landlord may enter without notice.
• With your consent, at any reasonable time.

If your landlord enters for other reasons, or does so repeatedly without notice when there is no emergency, this is considered illegal entry.

Examples of Illegal Entry

• Coming into your unit without notice while you are at work or away from home
• Using a passkey for non-emergency reasons without your permission or proper notice
• "Dropping by" frequently without warning, even if the landlord claims it's for maintenance

Your Rights and What to Do Next

Illegal entry is a serious violation of your rights as a tenant. You are entitled to privacy and quiet enjoyment of your home.

If you're experiencing illegal entry by your landlord in New Brunswick, here are practical steps to protect yourself and seek a resolution:

Step-by-Step: How to Respond to Illegal Entry

• Document Each Incident: Keep a written record with dates, times, and details for each unauthorized entry.
• Communicate Clearly: Send a polite but clear written request (email or letter) reminding your landlord of New Brunswick's notice rules. Reference the Residential Tenancies Act if appropriate.
• File a Complaint: If illegal entry continues, you may file a formal complaint with the Office of the Rentalsman (Service New Brunswick), the official residential tenancies authority.

Relevant Official Forms and How to Use Them

• Application for Assistance (Form 18): Use this form to request the Rentalsman’s help when your landlord is violating your rights, such as entering without notice.
  Download Application for Assistance (Form 18)
  Example: If your landlord repeatedly enters without notice, describe each instance in your application and attach your records.

Learn more about landlord and tenant rights in New Brunswick by visiting Tenant Rights and Landlord Rights in New Brunswick.

Possible Outcomes and Support

• The Rentalsman may contact your landlord to help resolve the issue.
• If breaches continue, mediation or a formal hearing may be arranged.
• The Rentalsman has the authority to issue orders or recommend compensation if your rights have been violated.

Common Tenant Issues Related to Entry and Privacy

Problems with landlord entry often occur alongside other tenancy issues. Understanding Health and Safety Issues Every Tenant Should Know When Renting can help you spot patterns if your privacy and wellbeing feel at risk. Remember: you always have the right to enjoy your home without harassment or unexpected entry.

If you're searching for a new home where your rights will be respected, Find rental homes across Canada on Houseme to compare listings in your area and across the country.

FAQ: Tenant Rights Around Landlord Entry in New Brunswick

1. Can my landlord enter my unit without notice in New Brunswick?
   In most cases, no. Your landlord must provide at least 24 hours’ written notice unless there’s an emergency.
2. What counts as an emergency for landlord entry?
   An emergency includes fire, water leaks, or other situations that threaten the building or its occupants and require immediate attention.
3. How do I formally complain about illegal entry?
   Document the incidents and submit an Application for Assistance (Form 18) to the Office of the Rentalsman.
4. Can I change my locks to stop illegal entry?
   No, tenants cannot change locks without the landlord’s consent in New Brunswick. Doing so may violate your lease agreement.
5. Where can I learn about all my tenant rights in New Brunswick?
   Visit Tenant Rights and Landlord Rights in New Brunswick for a detailed overview of your provincial protections and responsibilities.

Key Takeaways

• Landlords need to give 24 hours’ written notice before most entries in New Brunswick.
• You have a right to privacy and quiet enjoyment of your home.
• Keep records, communicate clearly, and use official complaint forms if you experience illegal entry.

Need Help? Resources for Tenants

• Office of the Rentalsman (Service New Brunswick): Request assistance, download forms, and dispute resolutions.
• New Brunswick Tenants’ Rights Portal: Access official information and FAQs at Rentalsman - SNB.
• Legal Aid New Brunswick: Support for eligible tenants with legal issues – Legal Aid NB.

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1. New Brunswick Residential Tenancies Act, full legislation text

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