Landlords in New Brunswick must respect a tenant’s right to privacy, but sometimes disputes arise about when, how, and why a landlord may enter your home. This guide explains what you can do if your landlord enters illegally, how to seek legal support, and what protections you have under New Brunswick law.
Understanding Your Right to Privacy and Entry Rules
New Brunswick’s rental laws protect your right to quiet enjoyment of your rental unit. This means your landlord can’t enter your home whenever they want, except in emergencies or without proper written notice.
- Notice Required: In most cases, your landlord must give you at least 24 hours’ written notice before entering.
- Permitted Times for Entry: Entries must occur between 8 a.m. and 8 p.m., unless you agree otherwise.
- Emergencies: Landlords may enter without notice only in urgent situations, like burst pipes or fire.
These rules are set out in the New Brunswick Residential Tenancies Act[1].
Common Privacy and Entry Disputes
Disagreements often include landlords:
- Entering without sufficient notice
- Entering at unreasonable hours
- Using a key or master code without your permission
- Claiming emergencies when there is none
If you’re facing these issues, it’s important to know the steps you can take to assert your rights.
What To Do If Your Landlord Enters Illegally
If your landlord enters your home without proper notice or reason, here’s what you should do:
- Document the incident: date, time, what happened, and any witnesses
- Politely inform your landlord (in writing) that the entry was not allowed under the law
- Keep all related communication
If the issue continues or you feel unsafe, you can seek formal legal support.
Tip: Try to solve disputes amicably first, but don’t hesitate to take formal action if your privacy is repeatedly violated.
Getting Legal Support: Filing a Complaint or Application
Legal support in New Brunswick is handled by the Residential Tenancies Tribunal of New Brunswick[2]. Tenants must use their official forms to report problems or request hearings.
Main Forms You Might Use
- Application for Assistance (Form 6): Use this form if you need the Tribunal's help resolving a dispute about illegal landlord entry or privacy.
- When to use: If direct communication does not resolve the issue, or the landlord continues to enter without proper notice.
- How to use: Fill out Form 6 with details about what happened, then submit it to the Tribunal. Find the form here: Application for Assistance – Form 6 (PDF)[3].
- Notice of Hearing: If your application moves forward, you will receive a Notice of Hearing. Attend and present your evidence.
Action Steps for Tenants
- Try to resolve the dispute directly, in writing.
- If unresolved, fill out and file Form 6 with the Residential Tenancies Tribunal.
- Prepare evidence: communications, photos, witness statements, or logs of entry incidents.
- Attend your hearing and present your side.
For more about landlord and tenant obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Your Rights and Responsibilities
Understanding your responsibilities helps avoid misunderstandings. Tenants must allow reasonable access for repairs or showings, provided proper notice is given. Landlords must respect your right to privacy and comply with entry laws.
For the full scope of your rights, including on privacy, see Tenant Rights and Landlord Rights in New Brunswick.
Other Common Tenant Issues
If you’re experiencing other problems, including issues with repairs or handling complaints, these resources may help:
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FAQ: Privacy and Landlord Entry in New Brunswick
- What counts as a legal reason for my landlord to enter my rental?
Legal reasons include repairs, inspections, showings to prospective tenants or buyers (with written notice), or emergencies like a fire or flooding. - What should I do if my landlord enters without any notice?
Document all incidents, notify your landlord in writing about the rules, and if it continues, submit Form 6 to the Residential Tenancies Tribunal. - Can my landlord come in for regular inspections?
Yes, but only with at least 24 hours’ written notice specifying the date, time, and reason for entry, and only between 8 a.m. and 8 p.m. - What happens if my landlord ignores a Tribunal decision?
If your landlord does not follow a Tribunal order, report this in writing to the Tribunal. They can enforce decisions through legal means.
How To: Enforce Tenant Privacy Rights in New Brunswick
- How do I file a formal complaint about landlord entry?
Complete and submit Form 6 (Application for Assistance) to the Residential Tenancies Tribunal with supporting documentation. - How can I collect evidence for my complaint?
Keep a log of incidents, save any written correspondence, take photos if relevant, and ask witnesses to provide statements. - What should I do before the hearing?
Organize your evidence, review your timeline, and prepare to clearly explain the privacy breaches to the hearing officer.
Key Takeaways
- You have a legal right to privacy in your rental, protected by the Residential Tenancies Act.
- Always document unauthorized entries and try resolving issues with your landlord in writing before seeking legal support.
- The Residential Tenancies Tribunal handles disputes and can help enforce your rights with the proper forms.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal: Information and contact for filing forms or complaints
- Form 6 (Application for Assistance): Download the official form here
- Legal Aid New Brunswick: Free or low-cost legal services for qualified tenants
