Police wellness checks can feel unsettling for renters. In New Brunswick, tenants have rights that protect privacy, safe access, and limits on when officers or landlords can enter a rental unit. This guide explains what a wellness check is, how police typically approach addresses, and the difference between lawful entry by officers and entry by a landlord. It also covers practical steps tenants should take after a welfare visit: documenting what happened, talking to your landlord if needed, and when to contact the Residential Tenancies Tribunal or local supports. Simple actions and clear records can protect your rights and help resolve misunderstandings without escalating conflict.
When police conduct a wellness check
A wellness check (sometimes called a welfare check) happens when police or emergency responders check on someone believed to be at risk. Officers will usually try to contact the person, speak with neighbours, and look for signs of immediate danger before attempting entry. If there is an obvious emergency—such as someone crying for help, visible injury, or threats—officers may enter without consent. Otherwise, they will ask for consent or seek a legal justification before entering a locked unit.
Tenant rights during wellness checks in New Brunswick
Tenants maintain core privacy and quiet enjoyment rights even during welfare visits. Officers are not the landlord; their purpose is public safety. Landlords cannot normally rely on police presence to gain entry or to start eviction processes without following the Residential Tenancies Act and tribunal rules.[1]
- You have a right to privacy; officers need consent or a warrant to enter a locked unit unless there is immediate danger.
- Contact local police non-emergency lines to ask about the purpose of a welfare check if you were not present when it happened.
- If an emergency visit revealed damage or habitability issues, inform your landlord in writing and keep records.
- If you believe your rights were breached, you can file an application with the Residential Tenancies Tribunal to resolve disputes.
What to expect if officers ask to enter
Officers should explain why they want to enter. If you are present, you may consent or refuse entry; refusing may be overridden if officers reasonably believe someone is at risk. If officers enter, request their name, badge number, and the reason for entry. Document these details.
After a wellness check: practical steps for tenants
Following a visit, take calm, practical steps to protect your tenancy and privacy. Communicate with your landlord only as needed and keep written records. If police or a landlord caused damage, photograph it and keep copies of all communications.
- Document what happened with dates, times, photos, and names of officers or witnesses.
- Send a short written note to your landlord describing the visit and any damage or safety concerns; keep a copy.
- If you feel unsafe or pressured, call local supports or the police non-emergency line to request follow-up information.
- If rights were breached, file an application with the Residential Tenancies Tribunal to request remedies or orders.[2]
Official forms and how to use them
New Brunswick uses tribunal applications and notice forms for tenancy disputes. Common documents tenants may use include:
- Application to the Residential Tenancies Tribunal (application form): used to ask the tribunal to resolve disputes such as illegal entry, damage, or harassment. Example: if a landlord tried to evict you or used a wellness check improperly, file this application with details and evidence.[2]
- Notice to Repair or Request for Repairs (if available): used when the unit needs fixes after a visit revealed damage or safety hazards; submit with photos and dates to your landlord to request repairs.[1]
When possible, attach copies of police reports, photos, and any messages you sent to the landlord. The tribunal will expect clear evidence and concise explanations of the remedy you want (repair, compensation, or declaration of rights).
FAQ
- Can police enter my apartment for a welfare check without my permission?
- Yes, but only in very limited circumstances such as imminent danger to life or safety; otherwise they should seek consent or a warrant.
- Will a wellness check by police affect my tenancy automatically?
- No. A wellness check does not by itself create grounds for eviction. Landlords must follow the Residential Tenancies Act and use the tribunal for formal disputes.[1]
- What if my landlord used the welfare visit to try to enter or evict me?
- Document the incident, preserve evidence, and file an application with the Residential Tenancies Tribunal to challenge improper entry or retaliatory actions.[2]
How-To
- Document the visit: note date/time, officer names or badge numbers, what was said, and take photos of any damage.
- Notify your landlord in writing about the visit and any problems; attach your documentation and request repairs if needed.
- Contact the Residential Tenancies Tribunal to ask about filing an application if your rights were breached or you need an order.
- Seek local support services for safety or mental health follow-up if the welfare check raised health concerns.
Key Takeaways
- Police may enter without consent only for immediate safety reasons; otherwise consent or a warrant is required.
- Document every visit and keep records to support any tribunal application.
- If your rights are affected, the Residential Tenancies Tribunal is the official route for remedies in New Brunswick.[2]
Help and Support / Resources
- Residential Tenancies information - Government of New Brunswick
- Residential Tenancies Act - New Brunswick (legislation and forms)
- Residential Tenancies Tribunal - Government of New Brunswick
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