If a landlord enters your rental unit without proper notice or you disagree about permission to enter, you have options in New Brunswick. This article explains how the Residential Tenancies Tribunal reviews entry disputes, the kinds of evidence that help a tenant, the official forms you may need, and practical steps to resolve the issue. It is written for renters who want plain-language guidance on rights, how to document incidents, and what to expect at a hearing. You do not need to be a legal expert to follow these steps, and the information below points to the official tribunal, the relevant statute, and forms to file so you can act confidently.
How the Residential Tenancies Tribunal works in New Brunswick
The Residential Tenancies Tribunal is the official body that decides disputes between landlords and tenants in New Brunswick [1]. It interprets and enforces the province's residential tenancies rules and can order remedies when entry rules are breached. The Tribunal looks at facts such as whether proper notice was given, whether the entry was for a permitted reason, and whether the tenant's privacy or quiet enjoyment was unreasonably affected.
Common lawful reasons a landlord may enter
- To carry out repairs or maintenance that affect the unit or building
- To show the unit to prospective tenants or buyers at reasonable times
- To inspect for safety or serious breaches of the agreement
- In an emergency where immediate access is necessary
When entry may be unlawful
Entry without required notice, at unreasonable hours, or repeated entries intended to harass can be unlawful. If you believe an entry violated your rights, the Tribunal can consider orders such as compensation or an order prohibiting further unlawful entry.
Preparing your application and evidence
Before filing, gather clear evidence and records. Useful items include dated photos or video of any damage or disturbance, a written log of dates and times of entries, copies of notices or texts from the landlord, witness names, and receipts for related costs. Organize documents so you can present a short timeline at the hearing.
- Take photos or video immediately when possible
- Keep a dated log of each entry with times and who attended
- Save all messages, emails, and written notices from the landlord
- Collect witness contact details for anyone who saw or heard the entry
How to file with the Tribunal and required forms
To start a dispute you usually complete an application form and pay any applicable fee; the Tribunal posts its application guidance and forms online [3]. In your application, describe the entry incident, attach evidence, and state what outcome you want (for example, compensation or an order stopping further unlawful entry). The Tribunal's staff can explain filing procedures and if a hearing will be in person or by phone/video.
- Fill out the Tribunal application form and attach your evidence
- Submit the form within any deadlines listed by the Tribunal
- Contact Tribunal staff if you need assistance with filing
What to expect at a hearing
At the hearing, you will present your timeline and evidence and the landlord will explain their reasons. The Tribunal member will ask questions and decide based on the balance of probabilities. Hearings are less formal than court but prepare as if presenting to a decision-maker: be concise, stick to facts, and reference your dated evidence.
Practical tenant actions before and after filing
- Send a clear written complaint to your landlord describing the dates and what you want (repair, apology, stop entering)
- Document any responses and keep copies
- Note any deadlines given by the Tribunal and respond promptly
If you need guidance on broader tenancy topics such as obligations or how to handle complaints, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and How to Handle Complaints in Your Rental: A Tenant's Guide.
If you are also looking for a new place or comparing rules in other provinces, Find rental homes across Canada on Houseme to view listings and neighborhoods.
FAQ
- Can my landlord enter without telling me in New Brunswick?
- Only in limited emergencies; otherwise landlords must give proper notice and enter for permitted reasons.
- What evidence should I bring to the Tribunal?
- Bring dated photos, a written log of entries, messages from the landlord, witness contacts, and any repair receipts.
- Will the Tribunal order the landlord to pay me?
- The Tribunal can order compensation for breaches if the evidence supports it, including for loss or loss of privacy.
How-To
- Collect and label all evidence with dates and short notes.
- Complete the Tribunal application form and attach your evidence.
- File the application according to the Tribunal's instructions and note any hearing dates.
- Prepare a short timeline and be ready to explain the facts at the hearing.
- Follow the Tribunal decision and, if necessary, ask about enforcement options.
Help and Support / Resources
- Residential Tenancies Tribunal - official information and contact
- Apply to the Tribunal (forms and filing guidance)
- Residential Tenancies Act (legislation)
