Getting locked out of your home by a landlord is stressful and disruptive. If you're renting in New Brunswick, it's important to know that tenants have specific protections under the law. This article explains when, if ever, a landlord can legally lock out a tenant, what steps landlords must follow, and what you can do if you find yourself locked out.
Is It Legal for a Landlord to Lock Out a Tenant in New Brunswick?
In most cases, the answer is no. In New Brunswick, landlords cannot lock out tenants, change the locks, or otherwise restrict access to the unit without following the legal eviction process. Landlords must give proper notice and obtain an official eviction order from the Residential Tenancies Tribunal before a tenant can be required to leave the rental property.[1]
What Does the Law Say?
The main legislation protecting tenants in New Brunswick is the Residential Tenancies Act.[2] According to the Act:
- Landlords must not evict tenants or prevent access to the rental unit without an official eviction order.
- Changing locks, removing doors, or otherwise barring entry is considered an illegal eviction, except where the law has been fully followed.
If you have not received a formal eviction order from the Tribunal, your landlord has no legal right to change your locks or deny you entry.
How Legal Eviction Works for Tenants
Evictions in New Brunswick follow a strict legal process. Your landlord cannot take matters into their own hands.
- A written Notice to Vacate (Form 8 or 10) is required for most evictions. The notice period depends on the reason for eviction.
- If a tenant does not leave by the deadline, the landlord must apply to the Residential Tenancies Tribunal for an eviction order.
- Only after receiving the Tribunal's approval can a landlord legally require a tenant to vacate and—if necessary—change locks.
Learn more about your obligations and rights in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Official Forms for Eviction and Tenant Rights
- Notice to Vacate – Form 8: Used by landlords to formally notify tenants of eviction for reasons like non-payment of rent or breach of agreement. The form must state the reason and the date to vacate. Download Form 8 (PDF) and see how to use it below.
- Application for Assistance – Form 16: If a landlord locks you out without proper process, tenants can file this form to request help from the Tribunal to regain access. Access Form 16 here.
For step-by-step guidance, see the "Action Steps" section below.
What Should You Do If You’re Locked Out?
If your landlord has locked you out without the Tribunal’s eviction order, you can take the following actions:
- Contact the Residential Tenancies Tribunal immediately and explain your situation.
- Complete and file Form 16 (Application for Assistance) to request help regaining access.
- Document the lockout: Take photos, list damaged property (if any), and record all interactions.
- Police may assist with immediate access if safety is threatened, but the Tribunal is the main authority for resolving tenancy lockouts.
Exceptions: When Can a Landlord Change the Locks?
Landlords can only change locks:
- With a Tribunal-issued eviction order
- For urgent safety or maintenance reasons (e.g., emergency repairs), but must provide tenants with new keys immediately after
In all other situations, changing locks or restricting access is not allowed.
Know Your Broader Rights as a Tenant
Besides lockouts, tenants in New Brunswick have important protections regarding privacy, repairs, notice of entry, and more. For a detailed overview, visit Tenant Rights and Landlord Rights in New Brunswick.
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FAQs: Landlord Lockouts and Tenant Protections in New Brunswick
- Can my landlord legally change the locks while I still live there?
No. A landlord cannot change the locks or deny access unless they have a valid eviction order from the Tribunal. - What should I do if I'm suddenly locked out without any notice?
Contact the Residential Tenancies Tribunal right away and file Form 16 to regain access as soon as possible. - How long does the eviction process take in New Brunswick?
It varies, but typical notice periods range from 7 to 15 days. The Tribunal must review and decide on any formal eviction before a tenant can be removed. - Who do I contact for help if my landlord locks me out?
The Residential Tenancies Tribunal is your main resource, and you may also contact local tenant advocacy groups or, in urgent situations, the police. - Is my landlord allowed to lock me out for not paying rent?
No. Even in cases of unpaid rent, proper notice and Tribunal approval are required before eviction or lockout can happen.
Key Takeaways for Tenants in New Brunswick
- Your landlord cannot legally lock you out without a Tribunal eviction order.
- If you're locked out, use Form 16 and contact the Tribunal immediately.
- Never try to force entry—always follow the official, legal process for tenant protection.
Knowing your rights ensures you have security and peace of mind throughout your rental experience.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick): Main authority for disputes, evictions, and lockouts
- Legal Info-Legal New Brunswick: Information on tenant and landlord rights
- Office of the Rental Officer: Guidance for rental issues
- Local tenant advocacy organizations in your city may also be able to support you
- Residential Tenancies Tribunal of New Brunswick, official website
- Residential Tenancies Act (New Brunswick), Section 20–22
