Landmark Illegal Entry Case: Tenant Rights Change in New Brunswick

If you're a tenant in New Brunswick, understanding your rights around landlord entry is crucial. A pivotal case from Ontario shifted how illegal entry rules are viewed across Canada, and provincial boards in New Brunswick often look to these precedents for guidance. This article explains what illegal entry means, the impacts of a landmark case, and how New Brunswick tenants can protect their privacy and security.

Understanding Illegal Entry: What Does the Law Say?

Landlords are entitled to enter a rental unit for certain reasons—like inspections or repairs—but strict notice rules apply. Illegal entry means your landlord entered your unit without proper notice, outside permitted hours, or without a valid reason.

• Notice Requirements: In New Brunswick, landlords must give at least 24 hours written notice before entering, except in emergencies.
• Valid Reasons for Entry: These include regular inspections, repairs, or to show the unit to prospective tenants or buyers. Entry must be during reasonable hours (usually 8 a.m. to 8 p.m.).
• Emergencies: No notice is required in true emergencies (e.g., fire, major water leak).

The rules are set out in the Residential Tenancies Act of New Brunswick.^[1]

Ontario Case Law: How a Landmark Decision Changed the Approach

A crucial Ontario case established that unauthorized landlord entry—especially when done repeatedly or without valid reason—violates tenant privacy and dignity. While each province has its own laws, tenancy boards across Canada reference key decisions for fair guidance. In New Brunswick, tenant advocates have cited this Ontario case to successfully argue for better enforcement of notice requirements and damages for violations.

For instance, a 2019 Ontario decision held that a landlord entering without notice, outside of a repair emergency, was not only a statutory violation but also a breach of the tenant’s peace and enjoyment. New Brunswick’s tribunal is not bound by these decisions, but they help shape modern expectations and enforcement.

What to Do If Your Landlord Enters Illegally

If your landlord enters your rental unit without proper notice or for unauthorized reasons, you have the right to file a complaint with the provincial Residential Tenancies Tribunal of New Brunswick.^[2]

Step-by-Step: Taking Action Against Illegal Entry

• Document what happened: Write down the date, time, and details of the illegal entry. If possible, gather photos or witness accounts.
• Communicate in writing: Notify your landlord (by email or letter) about the entry. Politely request adherence to legal notice requirements.
• File a formal complaint: Use the "Tenant’s Application for Assistance" form (Form 1) to request a hearing, available from the New Brunswick Residential Tenancies Tribunal. You can submit this form online or at a Service New Brunswick office.

If a hearing is scheduled, be ready to present your documentation and describe how your landlord’s actions affected your privacy or sense of safety. The tribunal may order the landlord to follow the law more closely or pay compensation.

Relevant Forms and How to Use Them

• Form Name: Application for Assistance (Form 1)
• When to Use: When you wish to formally complain about a landlord’s illegal entry or other breaches of your tenancy rights.
• Where to Get It: Download from the government site
• How to Use: Fill out your information, describe the issue, and submit the completed form to the Tribunal. The Tribunal will contact you about the next steps.

How This Precedent Impacts Tenant Rights in New Brunswick

While the landmark Ontario case isn’t legally binding in New Brunswick, its influence is clear: tenants have better protection against illegal entry, and damages for violations are more readily considered. Boards are more likely to take tenant complaints seriously when there’s documentation, and landlords are expected to adhere to strict notice rules. For a broad overview, see Tenant Rights and Landlord Rights in New Brunswick.

Understanding your rights also ties into knowing broader rental responsibilities. For details, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For tenants searching for safe and reputable rental properties, Explore Houseme for nationwide rental listings—Canada’s all-in-one rental search site.

FAQs: Illegal Entry and Your Rights

1. Can my landlord enter my home without notice for non-emergency repairs?
   No, in New Brunswick, landlords must give 24 hours written notice for entry except in emergencies. Repairs that aren't urgent do not qualify as emergencies.
2. What can I do if my landlord keeps entering without notice?
   Document all incidents, communicate in writing, and file a complaint with the Residential Tenancies Tribunal using the Application for Assistance form.
3. How do I prove my landlord entered illegally?
   Keep records: dates, times, and witness statements help. Photos or text log evidence can be useful at a tribunal hearing.
4. What might happen if my complaint is successful?
   The tribunal may order your landlord to stop unlawful entries and require them to pay you compensation for breaches of your rights.
5. Does the Ontario illegal entry case mean the law changed in New Brunswick?
   While not binding, the case influenced how tribunals in New Brunswick protect tenant privacy and handle illegal entry complaints.

Conclusion: Key Takeaways for Tenants

• Always insist on 24 hours written notice for landlord entry unless it’s an emergency.
• Recent legal precedents—even from outside New Brunswick—can help support your rights in complaint hearings.
• If your privacy is violated, use official forms to seek redress through the Residential Tenancies Tribunal.

Staying informed empowers you to protect your home and peace of mind.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal — Tenancy rights information, complaint forms, and contact details
• Public Legal Education and Information Service of New Brunswick — Free legal information for tenants
• Tenant Rights and Landlord Rights in New Brunswick — Overview of key laws and protections

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1. Residential Tenancies Act, SNB 1975, c R-10
2. Residential Tenancies Tribunal of New Brunswick

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