Quiet Enjoyment in New Brunswick: Tenant Case Law and Your Rights

Many tenants in New Brunswick wonder what protections exist if their landlord—or even neighbours—are disrupting their peace and ability to enjoy their rental unit. The legal right to "quiet enjoyment" is central to tenant protection in the province. Exploring real case law and tribunal decisions can help you understand your rights and see how New Brunswick tenants have successfully defended their peace at home.

What Is Quiet Enjoyment?

Quiet enjoyment is a tenant’s legal right to make reasonable use of their rental property in peace, without substantial interference from the landlord, other tenants, or outside sources for which the landlord is responsible. This includes freedom from:

• Harassment from the landlord or others acting for them
• Unnecessary entries by the landlord
• Excessive noise, disruptions, or lack of privacy
• Problems like ignored repairs, pest infestations, or persistent safety issues

In New Brunswick, this right is guaranteed by the Residential Tenancies Act.¹ Landlords must not "substantially interfere with the reasonable enjoyment of the premises."

Case Law: Tenants Successfully Defending Quiet Enjoyment

New Brunswick's Residential Tenancies Tribunal (official site) regularly hears disputes related to quiet enjoyment. Several published cases show that tenants can win when landlords do not address serious issues. Here are common scenarios tenants have successfully challenged:

• Noisy or disruptive neighbours: When landlords fail to remedy repeated noise complaints, tenants have been awarded compensation or allowed to terminate leases early.
• Pest infestations left untreated: The tribunal has ruled in favour of tenants when landlords delay or fail to act—see more advice in Dealing with Pests in Your Rental: Tenant Rights and Effective Solutions.
• Unsafe living conditions: Cases involving repeated repairs not being addressed—such as heating failures in winter or ongoing water leaks—have led to rent abatements and orders for prompt fixes. For broader tips, check Health and Safety Issues Every Tenant Should Know When Renting.
• Frequent, unnecessary landlord entry: Tribunals have found that repeated unannounced visits breach quiet enjoyment.

Successful tenants often document the problem, give the landlord a reasonable opportunity to fix it, and, if unresolved, make a formal complaint to the Tribunal. Awards have included:

• Ending the lease without penalty
• Rent reductions or abatement
• Compensation for loss of use/enjoyment

How to Prove a Breach of Quiet Enjoyment in New Brunswick

If you believe your right to quiet enjoyment is being violated, you will have to show:

• You notified the landlord (in writing when possible) and gave them a chance to resolve the problem
• The issue is serious and ongoing—not just a small or one-off inconvenience
• You have records: photos, dated communications, logs of noise, etc.

Relevant Forms for Tenants

• Application to the Residential Tenancies Tribunal (Form 6): If your landlord doesn't resolve the problem, you can file Form 6 – Application to the Residential Tenancies Tribunal. Use this to formally request the Tribunal's intervention.
  Example: If ongoing noise or safety problems persist and you’ve already notified your landlord in writing, submitting Form 6 can start an official review and resolution process.
• Notice of Termination by Tenant (Form 16): If you want to end your tenancy due to unresolved interference, use Form 16 – Notice of Termination by Tenant.
  Example: If the Tribunal has agreed that your quiet enjoyment is being breached, you may want to give proper notice using this form.

Tenant Action Steps: Addressing a Quiet Enjoyment Issue

• Document every occurrence and your communications
• Contact your landlord in writing—and keep your records
• Give your landlord a reasonable timeframe to resolve the issue
• If not resolved, submit Form 6 to the Tenancies Tribunal

For detailed steps and your rights at different stages, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Understanding Quiet Enjoyment and Your Rights

The right to quiet enjoyment is protected by law in New Brunswick, and both tenants and landlords have responsibilities. For a full overview of local rules, visit Tenant Rights and Landlord Rights in New Brunswick. Whenever you need to find a new place, Find rental homes across Canada on Houseme quickly and easily.

Frequently Asked Questions

1. What can I do if my landlord ignores my noise complaints?
   If your landlord doesn't address repeated noise or disruption, start by documenting the disturbances and your communications. If the issue persists, you can file an Application (Form 6) with the Residential Tenancies Tribunal for resolution.
2. Does my right to quiet enjoyment include issues with pests?
   Yes, landlords are required to address infestations and keep the premises safe. Persistent pest problems can be considered a breach of quiet enjoyment if neglected.
3. Can my landlord enter my unit at any time?
   No, landlords must provide proper notice except in emergencies. Repeated unannounced entries may violate your right to quiet enjoyment.
4. Will I be compensated if my quiet enjoyment is breached?
   The Tribunal can award rent abatements, allow early lease termination, or order compensation if a breach is proven.
5. Do I need a lawyer to file with the Tenancies Tribunal?
   No, tenants can represent themselves. However, keeping detailed records is essential for success.

Key Takeaways for Tenants

• Quiet enjoyment is your right by law. Landlords must act reasonably to protect your peaceful use of your home.
• Tribunals in New Brunswick side with tenants when proof shows ongoing, unresolved interference or neglect.
• Proper documentation and the correct forms are key to protecting and enforcing your rights.

Whenever a breach seems ongoing, act quickly: document, communicate, and, if needed, apply to the Tribunal for a fair resolution.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: File forms, access guides, and contact the provincial board directly.
• Read the Residential Tenancies Act (New Brunswick) for full legal details.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Free legal information for tenants.

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1. Residential Tenancies Act (New Brunswick) – Section 7: Quiet Enjoyment
2. Residential Tenancies Tribunal – Tenant Information
3. Form 6: Application to the Residential Tenancies Tribunal
4. Form 16: Notice of Termination by Tenant

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