New Brunswick Tenant Privacy and Landlord Entry Rules

Tenants across New Brunswick deserve to feel secure and enjoy their privacy at home. Knowing your rights about when and how a landlord can enter your rental can prevent misunderstandings and help you address privacy concerns confidently. This guide explains your privacy rights, outlines legal landlord entry requirements, and provides practical steps for dealing with problems related to entry or privacy.

Understanding Tenant Privacy in New Brunswick Rentals

Privacy is a core tenant right under New Brunswick's Residential Tenancies Act^[1]. As a tenant, you have the right to quiet enjoyment of your home, which means your landlord cannot enter whenever they wish. There are clear legal rules your landlord must follow for all non-emergency entries.

When Can a Landlord Legally Enter Your Rental?

New Brunswick law requires landlords to provide proper notice before entering a rental unit, except in emergencies. The key situations in which a landlord may enter are:

• Emergency: Immediate entry without notice is allowed for emergencies such as fire, water leaks, or urgent repairs that threaten tenant safety or the property.
• Repairs and Maintenance: Landlords must give at least 24 hours' written notice to enter for repairs, inspections, or to show the unit to prospective tenants or buyers.
• Showings: For showing the unit to new tenants or buyers, at least 24 hours’ notice is required and must only occur between 8 a.m. and 8 p.m., unless you agree otherwise.

Notice Details

• The notice must specify the reason for entry, the date, and the expected time (or time range).
• Entry should only be for the stated reason and during reasonable hours.

Does the Landlord Need Permission Every Time?

Except for emergencies or if you consent to less notice, the landlord must always provide advance written notice. If you agree to a short-notice entry for a repair or inspection, that agreement should be in writing for your records.

Common Privacy & Entry Issues Tenants Face

Some tenants experience issues such as landlords entering without notice or frequent, disruptive requests for entry. These can impact your comfort and legal right to quiet enjoyment.

• Entry without notice (except in emergencies)
• Repeated entries beyond what’s necessary
• Unclear reasons or vague timeframes for entry

If you’re facing repeated or unreasonable entries, it’s best to document each incident and communicate your concerns with your landlord in writing. For general guidance on resolving more rental problems, see Common Issues Tenants Face and How to Resolve Them.

Steps to Take When Your Privacy Rights Are Violated

• Document the incident: Note the date, time, and details whenever your landlord enters (or tries to enter) without proper notice or cause.
• Communicate in writing: Politely remind your landlord of the legal requirements. Save email or letter copies.
• Seek advice or mediation: If the situation doesn’t improve, contact the New Brunswick Residential Tenancies Tribunal for guidance or to request dispute resolution.

If you need to file a formal complaint (known as an “Application for Investigation”), use the Tribunal’s Form 6: Application for Investigation:

• When to use: If you believe your landlord violated your right to privacy or entered illegally.
• How to use: Complete the form, provide detailed incident information, and submit it to the Residential Tenancies Tribunal, by email or in person. The Tribunal will notify your landlord and investigate your claim.

Your Rights After the Rental Agreement is Signed

Once you've signed your lease, your right to privacy is protected throughout your tenancy. For a full overview of what to expect after you move in, read What Tenants Need to Know After Signing the Rental Agreement.

Relevant Legislation and Tribunal

• New Brunswick Residential Tenancies Act governs landlord entry, tenant privacy, and all rental relationship rules.
• Disputes and complaints are handled by the New Brunswick Residential Tenancies Tribunal.

For a broader look at your rights in New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick.

Find rental homes across Canada on Houseme and start your search with confidence in your tenant rights.

FAQ: New Brunswick Privacy and Entry by Landlord

1. How much notice must my landlord give before entering my rental in New Brunswick?
   Landlords must give at least 24 hours’ written notice before entering your rental unit for non-emergency reasons.
2. What should I do if my landlord enters my unit without permission or notice?
   Document the incident, contact your landlord in writing about the violation, and if necessary, file a complaint with the Residential Tenancies Tribunal.
3. Can my landlord enter for repairs or inspections while I’m not home?
   If proper 24-hour notice is given and the entry is during reasonable hours, the landlord may enter even if you are not present.
4. Is there a specific form I need to file a complaint about illegal entry?
   Yes. Submit the Form 6: Application for Investigation to the Residential Tenancies Tribunal to start an official complaint about privacy or entry issues.
5. What are my rights if my landlord repeatedly violates my privacy?
   You can seek dispute resolution through the Residential Tenancies Tribunal and may be entitled to remedies, such as compensation or an order for your landlord to comply with the law.

How To: Deal with Landlord Entry Issues in New Brunswick

1. How to file a complaint about illegal landlord entry?
   Fill out Form 6: Application for Investigation from the Residential Tenancies Tribunal, provide details of the incidents, and submit it to the Tribunal. You will be notified of the investigation result and any actions taken.
2. How to document unlawful entries by your landlord?
   Keep a written log with dates, times, and details for each incident. Save any communications and, if possible, ask witnesses to provide statements.
3. How to communicate with your landlord about entry concerns?
   Always address privacy concerns politely, preferably in writing (email or letter), stating which rights you believe have been affected and referencing the 24-hour notice requirement.

Key Takeaways

• Landlords in New Brunswick generally must provide 24 hours' written notice before entering your unit.
• Your right to privacy is protected under the Residential Tenancies Act—document any violations and seek help when needed.
• For serious issues, complete Form 6 and submit it to the Residential Tenancies Tribunal for investigation.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – information, complaint submission, and dispute resolution
• New Brunswick Residential Tenancies Act – full legislation text
• Tenant advocacy organizations – offer support and advice; see the Tribunal site for regional contacts

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1. [1] See: New Brunswick Residential Tenancies Act – Rights and Entry Rules
2. [2] Forms and guides at: Residential Tenancies Tribunal – Forms

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