In New Brunswick, both tenants and landlords have clear rights and responsibilities when it comes to privacy and entry into your home. If you’re worried about your landlord using their key to enter your apartment without permission, it’s important to know what the law says and how you can protect your privacy while renting in New Brunswick.
When Can a Landlord Enter With Their Key?
Landlords are generally not allowed to enter your rental without your consent, except in specific situations set out by law. According to the Residential Tenancies Act of New Brunswick, your landlord must provide proper notice and have a valid reason to enter, even if they have a key to your unit.[1]
- Routine Entry (Non-Emergency): Your landlord must give you at least 24 hours’ written notice before entering. Reasons may include inspections, repairs, or showing the unit to prospective tenants or buyers.
- Emergency Entry: In true emergencies (like fire, flooding, or urgent safety risks), landlords may enter immediately without notice. This is to protect people or property.
- Your Permission: If you invite the landlord in or agree to a specific visit, they may enter without formal notice at that time.
Even with a key, landlords cannot enter outside these circumstances. Doing so without notice or without one of these valid reasons is often considered an illegal entry, which could be a violation of your rights.
Notice Requirements Explained
Notice to enter must be in writing and state:
- The reason for entry
- The date
- The time (must be between 8 a.m. and 8 p.m., unless you agree otherwise)
If you receive a notice but believe the entry is unnecessary or intrusive, it’s best to discuss your concerns with your landlord and, if needed, consult the Residential Tenancies Tribunal (NBT) for guidance.
What Counts as Emergency Entry?
Emergencies that justify a landlord using their key without notice typically include:
- Fire, smoke, or gas leaks
- Major water leaks or flooding
- Concerns about someone's immediate safety
Misusing the “emergency” exception for routine matters is not permitted under the law. If you believe your landlord entered your home without a valid emergency, you may have grounds for a formal complaint.
Your Rights to Privacy
Tenants have a recognized right to reasonable privacy, safety, and exclusive enjoyment of their rental home. The law is designed to balance this right with your landlord’s ability to maintain the property. For a summary of all tenant and landlord rights in this province, see Tenant Rights and Landlord Rights in New Brunswick.
Tip: Always keep written records of communications with your landlord about apartment entry or privacy issues. This can be crucial if you need to file a complaint or resolve a dispute.
What to Do If Your Landlord Enters Without Permission
If you suspect your landlord entered your home using their key without proper notice or a valid reason, you have options:
- Talk to your landlord, explain your concerns, and ask that they follow legal procedures in the future.
- If the behaviour continues, document each incident, including dates and times.
- Submit a formal complaint to the Residential Tenancies Tribunal of New Brunswick.
You may also wish to review your lease and the Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more details about privacy and entry rules right after moving in.
Relevant Forms and Processes for Tenants
If you decide to file a formal complaint regarding unauthorized entry, use the following process provided by the Residential Tenancies Tribunal:
- Form Name: Tenant Application for Assistance (Form 6)
- When to Use: To report and resolve issues such as illegal entry, privacy violations, or other disputes with your landlord.
- How to Use: Download or complete the form online, provide all relevant details, and submit it to the Residential Tenancies Tribunal. Access Form 6 here.
Example: If your landlord entered your unit without notice and there was no emergency, fill out Form 6 to request an investigation or resolution by the Tribunal.
If privacy breaches are tied to maintenance or repairs, learn about your rights with Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
Steps to Protect Your Privacy as a Tenant
Here’s a quick summary of practical steps you can take if you’re concerned about unauthorized entry:
- Review your lease for language about entry and notice
- Communicate your expectations clearly to your landlord
- Keep a log with dates, times, and details of any landlord visits
- Place locks on interior rooms or additional security (with landlord consent) if you feel unsafe
- Know your legal rights—contact the Residential Tenancies Tribunal if needed
If you need to find a new place where your privacy is respected, Explore Houseme for nationwide rental listings with privacy filters and detailed property information.
Frequently Asked Questions
- Can my landlord enter my apartment without notice if they have a key?
No, except in emergencies. Landlords must provide written notice of at least 24 hours for entry unless there is an urgent situation. - What if my landlord says they’re entering for repairs?
Repairs are a valid reason, but your landlord still needs to give you proper written notice before using their key. - Are there any exceptions to the notice rule?
Yes. Emergencies like fire, flooding, or safety threats allow entry without notice, but these situations are rare and must be genuine. - What can I do if my landlord keeps entering without permission?
Keep records and submit a formal complaint using Form 6 to the Residential Tenancies Tribunal. - Where can I check all my tenancy rights for New Brunswick?
Visit Tenant Rights and Landlord Rights in New Brunswick for a complete overview.
Key Takeaways
- Landlords in New Brunswick cannot use their key to enter your unit without notice, except in specific emergencies.
- You have a legal right to privacy as a tenant—routine entry requires 24 hours’ written notice and a valid reason.
- For ongoing violations, use Form 6 to seek help from the Residential Tenancies Tribunal.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick): Official NB Tenant Board – Guidance on tenancy law, complaints, and forms
- Form 6 – Tenant Application for Assistance: Download here
- Comprehensive rights summary: Tenant Rights and Landlord Rights in New Brunswick
- For new rentals: Explore Houseme for nationwide rental listings
- See Residential Tenancies Act (New Brunswick), Section 10 – Entry of Premises
- Residential Tenancies Tribunal (New Brunswick): Official Information and Forms
