Before you move into a rental in New Brunswick, it helps to know your rights about photos, landlord entry and privacy so you can protect your status as a tenant. This guide explains when landlords may reasonably take pre-tenancy photos, what counts as consent, and practical steps renters can use to document the condition of a unit, limit unnecessary entry, and raise concerns without escalating conflict. We focus on everyday tenant concerns—evidence, notices, forms and timelines—and plain-language actions you can take if you think privacy has been breached or an entry was improper.
What are pre-tenancy photos and why they matter
Pre-tenancy photos are images a landlord or property manager may take before you move in to show the condition of the unit. They can be useful to protect both parties from later disputes over damage, cleanliness or missing items. However, photos that capture personal details, personal items or areas where you expect privacy should not be taken without your consent if you are already in possession of the home.
When can a landlord enter and take photos in New Brunswick?
In most cases landlords can enter a rental unit for legitimate reasons such as repairs, inspections or preparing the unit for new occupancy, but they usually must give proper notice unless there is an emergency. Entry for showing the unit to prospective tenants or buyers may involve photos; when this happens, reasonable notice and a stated purpose are expected. If the entry happens before your tenancy starts, confirm whether you are present and whether any photos will be taken so you can object or request restrictions.
Consent, privacy and practical limits
Consent should be clear: written is best. If a landlord asks to take photos while you are present, ask for the purpose, what will be photographed, and how images will be stored or shared. You can say no, or you can limit photos to common areas and visible damage only. If a landlord makes photos part of routine advertising or inspection, request that personal items be excluded or covered and that the images be used only for the stated purpose.
How to document condition and protect yourself
- Take your own dated photos and video of every room and visible features the day you move in or on the initial inspection.
- Ask for a written inspection report or create one and share it with the landlord by email for a timestamped record.
- Keep records of any deposits, receipts and related communication about the condition of the unit.
- Save texts, emails and messages about entry times, who attended and the stated reason for entry.
When to object or file a complaint
If a landlord enters without proper notice, takes photos that include your personal items without consent, or shares images beyond the stated purpose, raise the issue in writing first. Describe the incident, demand deletion or restricted use where appropriate, and give a reasonable deadline for response. If you do not get a satisfactory reply, you may apply to the tribunal listed below for dispute resolution.
Required forms and tribunal process
New Brunswick tenants can use official forms to request dispute resolution or to notify the landlord of specific concerns. Common items include an application to the residential tenancy tribunal and written notices about entry or repairs. Use the official application form when asking the tribunal to decide on improper entry, privacy breaches, or compensation for loss. For legislation and tribunal contact details, see the official sources listed in the footnotes[1][2][3].
Practical examples
- If a landlord takes pre-tenancy photos to advertise, ask that personal items be removed and request copies of the photos used.
- If you arrive to find the landlord inside the unit without prior notice, document who was there and the stated reason and follow up in writing.
- If photos are taken that show damage you did not cause, provide your own dated photos and a written note as evidence.
For help preparing an initial record when moving in, see the Guide to the Initial Rental Property Inspection for Tenants and review the section on deposits in Understanding Rental Deposits: What Tenants Need to Know.
If you are still searching for a rental or want to compare listings that show clear photos and landlord policies, consider using an external platform like Find rental homes across Canada on Houseme to view listings and contact landlords before signing.
FAQ
- Can a landlord take photos of a unit before I move in?
- Yes, landlords commonly take photos to show a unit or document condition, but they should give notice and limit photos to property features rather than personal items when you are present.
- Do I have to give consent for photos?
- No, you can refuse or limit consent; written consent makes the arrangement clearer and provides a record of what was agreed.
- What can I do if a landlord shares photos that include my belongings?
- Ask the landlord to remove or crop the images and to stop further sharing, document your request in writing, and apply to the tribunal if they refuse or you suffer harm.
How-To
- Before you move in, walk through the unit and take clear, dated photos of every room and visible fixtures.
- Email the photos and a short written condition note to your landlord and keep a copy for your records.
- If a landlord enters without notice or takes unwanted photos, send a written complaint requesting deletion or restricted use within a specific time.
- If the landlord does not respond, apply to the Residential Tenancies Tribunal with your evidence and the official application form.
Help and Support / Resources
- [1] Residential Tenancies information - Government of New Brunswick
- [2] Residential Tenancies Tribunal - Government of New Brunswick
- [3] Official tenancy forms and guides - Government of New Brunswick
