Privacy and Landlord Entry Rules for Tenants in New Brunswick

Struggling with a landlord entering your home without proper notice? Wondering how much privacy you’re entitled to as a New Brunswick tenant? This guide explains your legal rights and clear steps to resolve privacy and entry issues with your landlord under New Brunswick law.

Your Right to Privacy in a New Brunswick Rental

As a tenant in New Brunswick, you have the right to quiet enjoyment and privacy in your home. This means your landlord cannot enter your unit at any time without following specific rules set out in the Residential Tenancies Act of New Brunswick^[1]. Landlords must provide notice and have a valid reason for entry, except in emergencies.

• Proper Notice Required: Landlords must give you at least 24 hours’ written notice before entering your unit.
• Valid Reasons for Entry: Reasons for entry can include repairs, inspections, or showing the unit to prospective tenants or buyers.
• Time Restrictions: Entry is only permitted between 8 a.m. and 8 p.m., unless you agree otherwise.
• Emergencies: Landlords may enter without notice only during emergencies (like fire or burst pipes).

Common Privacy & Entry Problems for New Brunswick Tenants

Privacy and entry issues typically come up in the following situations:

• Landlord enters without notice or for non-urgent reasons
• Frequent or disruptive visits
• Notice given, but at inconvenient times
• Entry while you are not home, when not required

If you’re facing any of these, you are not alone. Many tenants report similar issues. Knowing your formal rights is the first step toward a solution.

Step-by-Step Solutions: What To Do if Your Privacy is Violated

1. Review Your Rental Agreement and the Law

Check your written lease and the Residential Tenancies Act to confirm whether your landlord has followed the rules. For more on what to expect after your lease is signed, see What Tenants Need to Know After Signing the Rental Agreement.

2. Communicate with Your Landlord

• Start by discussing your concerns in writing, either by letter or email.
• Clearly state the problem (e.g., unauthorized entry), cite the law, and request that all entries happen with proper notice.
• Keep a record of all communications.

3. Use Official Forms: New Brunswick Notice of Complaint

If the issue continues, you can file a formal complaint. In New Brunswick, the main body for tenant complaints is the Residential Tenancies Tribunal (RTT).

• Form: Tenant Complaint (RTB: Form 3)
  • When to use: Submit when you believe your landlord has violated your privacy or entry rights and informal communication has not solved the problem.
  • Where to find: Download or fill out the Tenant Application (Form 3) directly from the New Brunswick government.
  • How to use: Complete the form, outlining details and dates of the problem. Submit it to the RTT by email, mail, or in person at a Service New Brunswick location. For example, if your landlord enters without notice multiple times, document each incident and submit with your form.

4. What Happens After Filing a Complaint?

• The Tribunal will review your application and may contact you for more information.
• If needed, they may arrange a hearing where both sides can present their case.
• Decisions made by the Tribunal are legally binding and enforceable.

For a detailed guide on landlord and tenant obligations, check Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Summary of Your Legal Protections

• Landlords must provide written notice and respect the hours of entry.
• Emergencies are the only exception to the notice rule.
• Tenants can document, address, and officially complain about privacy violations.
• If the problem remains unresolved, legal help and tenant advocacy resources are available.

Learn more about key facts for your province at Tenant Rights and Landlord Rights in New Brunswick.

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FAQ: Tenants’ Questions on Privacy & Landlord Entry

1. Can a landlord enter my apartment without any notice in New Brunswick?
   Only in emergencies (like a fire, serious water leak, or urgent repairs) can a landlord enter without notice.
2. How much notice does my landlord need to give for entry?
   Landlords must provide at least 24 hours’ written notice before entering for any non-emergency reason.
3. What if I suspect my landlord is entering while I’m not home?
   Keep a written log of incidents, set up communication with your landlord, and consider filing a complaint with the Residential Tenancies Tribunal if the issue persists.
4. Can I refuse a landlord’s entry if the timing is bad for me?
   You can negotiate a more suitable time, but under the law, a landlord can enter with notice between 8 a.m. and 8 p.m. unless otherwise agreed.
5. What documentation should I keep about privacy violations?
   Keep dates, times, photos (if possible), copies of notice (or lack thereof), and your written communications for evidence.

How To: Steps for New Brunswick Tenants Facing Privacy or Entry Issues

1. How to document an unauthorized landlord entry?
   Write down the date, time, and details of the incident, and keep any physical evidence (e.g., photos, written notices). This helps if you file a complaint.
2. How to file a formal complaint with the Residential Tenancies Tribunal?
   Download and fill in Tenant Application (Form 3), attach your documentation, and submit to the Tribunal by mail, email, or in person.
3. How to communicate privacy concerns to your landlord?
   Email or write a letter outlining your concerns, referencing the law, and asking for written notice.
4. How to follow up if the problem continues after a complaint?
   If you do not receive a response, follow up with the Tribunal and keep records of all steps taken.

Key Takeaways

• Tenants in New Brunswick have strong privacy rights and legal steps for enforcing them.
• Always keep written records of communications and violations.
• Free support and official forms are available to help tenants resolve landlord entry disputes.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick — Forms, complaint procedures, and tenant info
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) — Tenant advocacy and plain language legal guides
• Contact Service New Brunswick for in-person assistance with forms and inquiries

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1. Residential Tenancies Act of New Brunswick, official legislation
2. Residential Tenancies Tribunal of New Brunswick, Government resource
3. Residential Tenancies Tribunal Forms, official forms and applications

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