Notice Rules for Landlords Entering Rental Units in New Brunswick

If you’re renting a home or apartment in New Brunswick, knowing when and how your landlord can legally enter your rental unit is essential. Landlords must generally provide written notice before entering your home, but certain exceptions apply. This guide will help tenants understand their privacy rights, what proper notice looks like, and what to do if those rights are violated under New Brunswick’s tenancy laws.

Who Sets the Entry Rules for Rentals in New Brunswick?

Rental housing in New Brunswick is governed by the Residential Tenancies Act of New Brunswick. The official authority that oversees residential tenancy matters and disputes in the province is the Office of the Rentalsman (Service New Brunswick). They handle applications and complaints related to landlord and tenant rights, including matters of landlord entry.

When and How Can a Landlord Enter Your Rental in New Brunswick?

As a tenant, your right to privacy in your rental unit is legally protected. In New Brunswick:

• Landlords must give at least 24 hours’ written notice before entering your unit for any non-emergency reason.
• The notice must state the date, approximate time, and reason for entry.
• Entry is only permitted between the hours of 8:00 a.m. and 8:00 p.m., unless you agree otherwise.

This applies in most situations: for repairs, inspections, or to show the unit to a prospective tenant or purchaser.

Emergency Exceptions

There are exceptions when a landlord can enter your unit without notice, such as:

• An emergency, such as fire, flooding, or suspected risk to life or property
• If you have abandoned the unit
• With your expressed consent at the time of entry

What Should a Proper Written Notice Include?

A valid written notice for entry should include:

• Your name and address
• Date and time of the intended entry
• The reason the landlord needs to enter

It’s common for landlords to leave this notice in your mailbox, slip it under your door, or send it by email (if you have agreed to receive notices this way).

Official Forms for Entry and Complaints

While there is no specific government-issued form for notice of entry in New Brunswick, the law requires that notice be in writing. If you believe your landlord is not following the rules for entry, you can submit a formal complaint.

• Form: Application for Assistance – Tenant (Form 6, also known as the Tenant Application Form).
  When to use: Use this form if your landlord enters without proper notice, enters too frequently, or otherwise violates your privacy rights.
  How to submit: Fill out the Application for Assistance – Tenant (Form 6) and submit it to the Office of the Rentalsman online, by mail, or in person.
  Example: If your landlord repeatedly enters without notice for "inspections," you may file this form to request an official investigation.

The Rentalsman will review your complaint based on the entry provisions in the Act and may mediate or make a binding decision.

Your Rights and Responsibilities as a Tenant

• You have the right to reasonable privacy in your rental home.
• You must allow your landlord access if they have provided the proper notice, or in an emergency.
• Blocking legitimate entry could be a breach of your lease or the Act.
• If you have concerns about frequent or improper entry, document each incident and communicate respectfully with your landlord before taking formal action.

If you want more information about both landlord and tenant rights and obligations in New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick.

Related Tenant Rights Topics

• If your landlord is entering for repairs or maintenance, know who is responsible by reading Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
• For concerns about your home’s health and safety during inspections or repairs, review Health and Safety Issues Every Tenant Should Know When Renting.

For a stress-free rental search or to find a new place if you decide to move, check out Explore Houseme for nationwide rental listings.

What to Do If Your Privacy Rights Are Violated

• Keep a detailed record of each entry (date, time, notice provided, and reason)
• Communicate in writing with your landlord about your concerns
• If the problem continues, file an official complaint to the Office of the Rentalsman using the Application for Assistance – Tenant (Form 6)

The Rentalsman may attempt mediation or issue an order if a breach is found.

1. Can my landlord enter my apartment without any notice in New Brunswick?
   No, except in emergencies, if the unit is abandoned, or if you provide express permission at that time. Otherwise, at least 24 hours’ written notice must be given.
2. Does the landlord need my permission every time they want to enter?
   Not if they give you proper written notice for a legal reason (like repairs or inspection). However, you must be notified in advance unless it’s an emergency.
3. What should I do if my landlord keeps entering without notice?
   Keep a written record, communicate your concerns in writing, and, if it continues, file a complaint with the Office of the Rentalsman using their Application for Assistance – Tenant (Form 6).
4. Can I refuse my landlord entry if I feel the reason is not legitimate?
   If the entry reason is not allowed under the Act or proper notice isn’t given, you can refuse. If you feel the landlord is abusing their rights, contact the Rentalsman for advice.

Summary of Key Takeaways

• Landlords in New Brunswick generally require 24 hours’ written notice to enter your rental.
• There are emergency exceptions, but your privacy is protected by law.
• Always document concerns and know you can file a complaint if your rights are violated.

Need Help? Resources for Tenants

• Office of the Rentalsman (Service New Brunswick): Official site for rental disputes, tenant complaints, and forms.
• Residential Tenancies Act of New Brunswick: Full legislation and entry requirements.
• Application for Assistance – Tenant (Form 6): Download and submission instructions.
• General tenants’ rights information: Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act of New Brunswick, RSNB 1973, c R-10.2 – read the legislation
2. Government of New Brunswick – Service New Brunswick, Office of the Rentalsman – official forms and dispute resolution

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