Privacy Rights for Tenants During Maintenance in New Brunswick
If you're a tenant in New Brunswick, knowing your privacy rights—especially when your landlord needs to enter your home for maintenance—is essential. This article explains the key laws, what counts as proper notice, how emergency repairs are handled, and what to do if your privacy is breached.
Your Privacy Rights When Landlords Need Entry
Under New Brunswick’s Residential Tenancies Act[1], tenants have the *right to quiet enjoyment* of their rental, which means you are entitled to privacy in your home. Landlords may need to enter your unit to perform maintenance or repairs, but they must respect your rights and follow the law.
When and How Landlords Can Enter
- Non-Emergency Maintenance: Your landlord must give you at least 24 hours written notice before entering for repairs or inspections, except in emergencies.
- Emergency Repairs: Landlords can enter without notice if there's an urgent issue (like flooding or fire) that needs immediate attention.
- Timing: Entry for maintenance is only allowed between 8:00 a.m. and 8:00 p.m., unless you agree to another time.
Notice must state the reason for entry, the date, and an approximate time. You do not have to be present, but you can request to be there if you wish. For tips about the responsibilities of both parties when it comes to upkeep, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Privacy Expectations During Maintenance Visits
- Landlords and repair staff must only enter areas involved in the required work.
- They should leave your home as they found it and respect all personal property.
- It is illegal for a landlord to harass, intimidate, or intrude on your space unnecessarily.
Protecting your privacy during these visits means clear boundaries and professionalism. If you feel your privacy has been violated, you have rights and potential remedies (see below).
Forms and How to Handle Disputes
If you believe your landlord entered your unit improperly or failed to give notice, or if they continually breach your privacy, you may file a complaint with the Residential Tenancies Tribunal of New Brunswick.
Useful Forms
-
Notice of Complaint (Form 3): Use this to file a formal complaint with the Tribunal if your landlord violates your privacy {{or enters without proper notice}}.
Download and instructions: Notice of Complaint (Form 3).
Example: If your landlord shows up for repairs without any notice, you can fill out Form 3 and submit it online or by mail to the Tribunal. Make sure to include all relevant details (dates, what happened, any witnesses).
Health and Safety During Repairs
During maintenance, tenants also have a right to a safe living environment. If repairs could impact your health—such as exposure to chemicals, dust, or pests—landlords should coordinate with you and minimize disruption. For further details, see Health and Safety Issues Every Tenant Should Know When Renting.
Common Scenarios & What to Do
- Landlord Enters Without Notice (Non-Emergency): Politely remind your landlord of the 24-hour rule. Keep a record of all entries.
- Emergency Entry: Double-check if the reason qualifies as an emergency (burst pipes, fire, etc.).
- Maintenance Staff Unaccompanied: The landlord can send professionals with your permission and notice, but they should only perform approved tasks.
If you are at the start or completion of your tenancy, you might want to read through the Guide to the Initial Rental Property Inspection for Tenants for more information on protecting your interests.
For a national search of great homes, Explore Houseme for nationwide rental listings.
For New Brunswick–specific laws, visit Tenant Rights and Landlord Rights in New Brunswick.
FAQ: Privacy & Maintenance in New Brunswick Rentals
- Can my landlord enter my rental without notice for maintenance?
No, except in emergencies. For all non-urgent repairs, 24 hours written notice is required. - What should the notice from my landlord include?
The notice must state reason, date, and approximate time of entry. - If my privacy has been violated, how do I complain?
Complete and submit the Notice of Complaint (Form 3) to the Residential Tenancies Tribunal. Include clear details and any evidence. - Can I refuse maintenance work if I'm not comfortable?
You can't refuse necessary repairs, but you can ask to be present or suggest alternative times as long as it’s reasonable. - What if repairs aren’t done safely?
Contact your landlord first. If not resolved, reach out to the Tribunal or local public health office for support.
Key Takeaways for Tenants
- Landlords must give 24 hours written notice before entering for maintenance (unless it’s an emergency).
- Tenants have the right to safe, respectful treatment during all repairs.
- If your rights are violated, document events and submit a Notice of Complaint to the Tribunal.
Overall, tenants in New Brunswick have strong privacy and safety protections under the law, especially during maintenance work.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – File complaints, find forms, and get guidance
- Phone: 1-888-762-8600 (Toll-free)
- Email: rentals@gnb.ca
- Legal advice: Public Legal Education and Information Service of New Brunswick
- Tenant organizations or local community legal clinics offer extra support if you need advocacy
- Residential Tenancies Act, S.N.B. 1975, c.R-10.2. Read the legislation
- Residential Tenancies Tribunal of New Brunswick. Official Tribunal Page
- Residential Tenancy Forms. Government of New Brunswick
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