Tenant Privacy Rights in New Brunswick Rentals

As a tenant in New Brunswick, knowing your right to privacy in your rental is essential for feeling safe and secure at home. New Brunswick law balances your privacy with your landlord's right to maintain the property. This guide covers exactly when your landlord can enter, notice requirements, and what to do if your privacy is breached—all under the Residential Tenancies Tribunal and the Residential Tenancies Act of New Brunswick¹.

What Landlord Entry Laws Protect Your Privacy?

Landlords do not have the automatic right to enter your rental unit at any time. Provincial law sets clear guidelines for landlord entry. Generally, your landlord must:

• Give at least 24 hours' written notice before entering your unit for most reasons
• Enter only between 8 a.m. and 8 p.m.
• State the specific reason for entry on the notice

If a landlord enters without proper notice—or at unreasonable times—they may be violating your rights.

Exceptions: When No Notice is Required

Certain situations allow your landlord to enter without advance notice:

• In an emergency (such as a fire or serious water leak)
• If you consent to the entry at that time
• When carrying out a court order or tribunal order

Otherwise, the 24-hour notice rule applies.

Common Reasons for Landlord Entry

Your landlord might need to enter the property for several legal reasons, such as:

• Repairs or routine maintenance
• Showing the unit to potential future tenants or buyers (with notice and only during reasonable hours)
• Inspecting the state of repair of the rental unit

Tenants should know that landlords are not permitted to use their master key without a valid, cited reason and proper notice outside of emergencies.

How to Respond if Your Privacy is Violated

If your landlord enters without proper notice, refuses to respect quiet enjoyment, or you feel harassed, take these steps:

• Politely remind your landlord of entry rules in writing
• If the intrusion continues, you may apply to the Residential Tenancies Tribunal for help
• Request an official inspection if property condition or repairs are at issue (see the Guide to the Initial Rental Property Inspection for Tenants)

Many tenants are concerned about health and safety when their privacy is breached. Learn more at Health and Safety Issues Every Tenant Should Know When Renting.

Relevant Forms and How to Use Them

In New Brunswick, tenants can submit concerns to the Residential Tenancies Tribunal. If you wish to file a privacy-related complaint, use the following forms:

• Application for Assistance (Form 6) – Used for reporting breaches such as illegal entry or other tenancy violations.
  Submit this form via the Tribunal's official forms portal. For example, if a landlord repeatedly enters without notice, submit this form with your documentation attached.

Quiet Enjoyment: Your Right to Comfort and Privacy

New Brunswick law protects your right to "quiet enjoyment"—meaning your landlord cannot disrupt your reasonable peace or harass you. This right is part of your rental agreement by law, even if it's not stated in your lease.

Tip: If you've signed a rental agreement, review the rules and your protections. See What Tenants Need to Know After Signing the Rental Agreement for more details on post-signing rights.

Your privacy rights can sometimes be a gray area, but the Tribunal and the law are there to protect you. Summary: Landlords must respect both the letter and spirit of tenant privacy rules.

Additional Resources

To better understand your full rights, see Tenant Rights and Landlord Rights in New Brunswick.

For those looking for new homes, Find rental homes across Canada on Houseme with convenient search options.

Frequently Asked Tenant Questions About Privacy in New Brunswick

1. Can my landlord enter my rental unit without permission?
   Only in emergencies or if you consent at the time. Otherwise, they must provide written notice 24 hours in advance.
2. What do I do if my landlord enters without notice?
   Document the incident, remind the landlord in writing about the rules, and file a complaint with the Residential Tenancies Tribunal if the issue persists.
3. Is my right to privacy protected even if it’s not in my lease?
   Yes. New Brunswick’s law grants you the right to "quiet enjoyment" no matter what your lease says.
4. What is the official board for rental issues in New Brunswick?
   The Residential Tenancies Tribunal handles all rental issues, including privacy complaints.

Key Takeaways for Tenants

• Your landlord must provide 24-hour written notice to enter (except in emergencies or with your consent).
• You have a legal right to privacy and quiet enjoyment of your home.
• If privacy is violated, document everything and contact the Tribunal with Form 6.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal - New Brunswick: Filing complaints, getting advice, and accessing forms
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Free tenant information, guides, and referrals
• Helpline: 1-888-762-8600 (Service New Brunswick)

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1. Residential Tenancies Act of New Brunswick

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