New Brunswick Tenant Rights: Privacy & Landlord Entry Rules

If you're renting in New Brunswick, understanding your privacy rights and the circumstances under which your landlord can enter your unit is crucial. This guide explains the rules around privacy and entry, links to essential resources, and highlights key forms and legislation that protect tenants in New Brunswick.

Your Right to Privacy as a Tenant in New Brunswick

Tenants in New Brunswick have a legal right to reasonable privacy in their rental home. Landlords may need to enter for inspections, repairs, or to show the unit, but strict rules govern when and how this is allowed.

When Can a Landlord Enter Your Rental Unit?

According to the Residential Tenancies Act of New Brunswick^[1], your landlord can only enter your unit under specific situations:

• In emergencies (e.g., fire, flooding, urgent repairs threatening health or safety) with no notice needed.
• With at least 24 hours written notice for inspections, repairs, or to show the unit to prospective tenants or buyers.
• With your permission.

Notice must state the reason for entry, the date, and a time (between 8 a.m. and 8 p.m., except Sundays).

Notice Requirements Explained

Your landlord must provide you with written notice at least 24 hours before entering, unless it's an emergency or you have agreed otherwise. The notice must clearly state:

• The date and time window (within 8 a.m. to 8 p.m., not Sundays)
• The purpose (repairs, inspection, showing the unit, etc.)

If you have a recurring agreement for regular entry—like routine maintenance—it must still meet these standards, or be part of your lease.

Emergencies and Immediate Entry

In true emergencies that affect health, safety, or risk serious property damage, your landlord can enter without notice. Examples include burst pipes, fire, or urgent electrical hazards. These situations are rare, and any misuse should be reported promptly.

What Landlords Cannot Do

• Enter your unit without the required notice (except emergencies or with your ok)
• Harass you, or enter repeatedly in a way that disrupts your enjoyment of the home
• Change your locks or prevent you from accessing your rental

Such actions can be grounds for complaint. To learn about obligations on both sides, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Practical Steps to Protect Your Privacy

• Request that all notices are provided to you in writing (email or letter)
• Keep a dated log of all landlord entries (include times and reasons)
• Do not deny reasonable entry, but insist rules are followed
• If you feel unsafe or repeatedly disturbed, contact the Office of the Rentalsman

To understand wider issues you might encounter, see Common Issues Tenants Face and How to Resolve Them.

Relevant Forms and How They Affect You

• Notice of Entry (General Notice): No official numbered form is required by law, but landlords must provide written notice. Keep any email or letter for your records.
• Tenant Complaint Form: If your landlord is not respecting your privacy, you can file a complaint using the Tenant's Application for Assistance form (Form 6).
  Download Tenant's Application for Assistance (Form 6)
  Use Case: If your landlord repeatedly enters without notice, fill out this form and submit to the Office of the Rentalsman (now called the Residential Tenancies Tribunal).

Where to Submit Forms

All tenant complaints and applications are handled by New Brunswick's official Residential Tenancies Tribunal (Office of the Rentalsman).

Legislation and Provincial Resources

Your protections and obligations are outlined in the New Brunswick Residential Tenancies Act.^[1] For a fast overview, visit Tenant Rights and Landlord Rights in New Brunswick.

You can also Find rental homes across Canada on Houseme safely and easily, knowing your rights are protected wherever you rent.

Frequently Asked Questions

1. What kind of notice does my landlord have to give before entering?
   They must provide at least 24 hours written notice stating the date, time (between 8 a.m. and 8 p.m., not Sundays), and purpose for entry, except in an emergency.
2. Can my landlord enter my rental unit in an emergency without notifying me?
   Yes, entry is allowed without notice only if there is a genuine emergency that threatens health, safety, or property.
3. What should I do if my landlord enters illegally or repeatedly without notice?
   Record the incidents in detail, keep copies of any communications, and submit a Tenant's Application for Assistance (Form 6) to the Residential Tenancies Tribunal for investigation.
4. Can I refuse landlord entry if I do not like the time they chose?
   You can't refuse reasonable entry within legal hours, but you can discuss scheduling or raise objections if the time is unreasonable or violates your rights.
5. Does my landlord need my permission to show the apartment to new tenants?
   No explicit permission is needed if proper notice is given, but landlords must still follow notice rules and only show the unit during reasonable hours.

How To: Protect Your Privacy and Respond if Entry Rules Are Broken

1. How can I file a complaint if my landlord enters without proper notice?
   1) Record details of each unauthorized entry. 2) Complete a Tenant's Application for Assistance (Form 6) and submit it to the Residential Tenancies Tribunal. 3) Attach evidence, such as written correspondence or logs.
2. How do I request that landlord notices be in writing?
   Politely ask your landlord, in writing, to deliver all notices by email or letter and save these communications for your records.
3. What should I do during an emergency entry by my landlord?
   Cooperate for your safety, but record the details afterward, including what happened and why they entered, in case of future disputes.

Key Takeaways

• Landlords in New Brunswick must give 24 hours written notice before routine entry, with exceptions only for emergencies or with your agreement.
• Tenants can file a complaint using Form 6 if privacy rights are breached.
• Understanding your rights helps maintain a positive rental experience and prevents disputes.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (Office of the Rentalsman) – New Brunswick
• New Brunswick Legal Aid Services
• Tenant Rights and Landlord Rights in New Brunswick

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1. New Brunswick's Residential Tenancies Act (current 2024)
2. Tenant's Application for Assistance (Form 6) – Official PDF

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