Unauthorized entry by a landlord can be stressful and confusing for renters. This guide explains your rights as a tenant in New Brunswick, what the law generally allows, and practical steps to protect your privacy, document incidents, and seek remedies. You’ll learn how to give clear written notice, when a landlord must obtain permission or provide proper notice, and how to file an application with the Residential Tenancies Tribunal if necessary. The language is plain and focused on actions tenants can take — from keeping records and photographs to attending hearings and following tribunal orders. If you want to resolve the issue quickly or prepare for a formal process, these steps will help you act confidently and preserve your rights.
Why unauthorized entry matters in New Brunswick
Landlords have a limited right to access rental units for valid reasons like repairs or inspections, but entry without proper notice or consent can violate a tenant’s privacy. Knowing when entry is lawful helps renters respond calmly and assert their rights. For a province-wide overview of tenant and landlord rights, see Tenant Rights and Landlord Rights in New Brunswick.[1]
What the law says and the tribunal that handles disputes
In New Brunswick the Residential Tenancies Tribunal handles most landlord-tenant disputes, including claims about unauthorized entry.[2] The Tribunal applies the province’s tenancy rules and can order remedies such as monetary compensation, directions to stop unlawful conduct, or other corrective measures.
Common examples of unauthorized entry
- Landlord enters without prior notice or tenant consent.
- Entry at an unreasonable time (for example late at night) without emergency justification.
- Landlord returns after being told not to enter and does so without permission.
Practical steps for tenants after an unauthorized entry
Follow clear, documented actions to protect your rights and prepare a strong case if you need to file with the Tribunal.
- Keep a dated log describing each entry: date, time, who entered, reason given (if any), and any witnesses.
- Take photos or video showing any damage, signs of entry, or missing items.
- Send a clear written notice to the landlord stating the date and time of the unauthorized entry and requesting that it stop; keep a copy and proof of delivery.
- Get contact information for witnesses and record any verbal responses from the landlord.
After these immediate steps, consider formal remedies listed below so the situation is resolved and does not recur.
How to file a complaint and what forms you may need
To ask the Residential Tenancies Tribunal for an order, tenants normally submit an application form explaining the issue and the remedy sought. A common form is the application to the Residential Tenancies Tribunal (application name can vary by office); use it to describe the unauthorized entry, attach your evidence (photos, log, copies of written notices), and state the outcome you want, such as compensation or an order to stop future entries.[3]
What the Tribunal can order
- Monetary compensation for loss, damage, or inconvenience.
- Orders preventing the landlord from entering without proper notice or agreement.
- Directions to follow tenancy rules or to repair any resulting damage.
When to get legal advice or help
If the entry is repeated, threatens your safety, or the landlord retaliates (for example by threatening eviction), seek advice from a legal clinic or tenant support service. Many community legal clinics and tenant associations can guide you on evidence, deadlines and tribunal procedures.
Moving on: finding alternate housing if needed
If an ongoing privacy problem makes the unit unlivable, you may choose to move. For help searching for a new place, try Find rental homes across Canada on Houseme to review listings and map-based search options.
FAQ
- Can a landlord enter without my permission in New Brunswick?
- Only in limited circumstances such as emergencies or where the landlord gave proper notice; otherwise entry without consent may be unlawful and you can seek remedies.
- How soon should I document an incident of unauthorized entry?
- Document immediately: write the date and time, take photos, save messages and keep any witness names to strengthen your case.
- What remedies can the Tribunal grant for unauthorized entry?
- The Tribunal can award compensation, issue orders to stop unlawful entries, and require corrective actions by the landlord.
How-To
- Document the incident with a dated log, photos, and any witness names.
- Send a clear written notice to the landlord outlining the problem and asking them to stop.
- Complete and submit the Residential Tenancies Tribunal application form with your evidence attached.
- Attend the hearing, present your log and photos, and answer any questions calmly and clearly.
- Follow up on Tribunal orders; if the landlord does not comply, ask the Tribunal about enforcement options.
Key Takeaways
- Unauthorized entry can violate tenant privacy and may be addressed by the Residential Tenancies Tribunal.
- Detailed, dated documentation and photos are essential evidence.
- Filing an application and attending a hearing are common steps to seek remedies.
Help and Support / Resources
- Residential Tenancies Tribunal, Government of New Brunswick
- Residential tenancy information, Government of New Brunswick
- Tenant support and services, Government of New Brunswick
