Understanding your rights in New Brunswick
Under New Brunswick tenancy rules, landlords generally need valid reasons and proper notice before entering a rental unit, and photography is treated like any other form of entry or inspection. If a landlord wants photographs for advertising, repairs or inspection, they should give notice or ask for consent; you can refuse if the request is not reasonable or properly announced. If the landlord insists without following rules, you can document the interaction and bring the issue to the provincial tribunal or seek guidance on the formal process [1] [2].
When can a landlord photograph a rental unit?
- When photos are needed for repairs, maintenance or to show contractors during arranged work.
- When photos are used for advertising after proper written notice or when the tenancy is ending.
- When photos document habitability or safety issues raised by the tenant or landlord.
- In emergency situations where immediate entry and documentation are required to prevent damage or danger.
How to refuse photography and protect your privacy
If you do not want photographs taken, stay calm and follow clear steps. Communicate in writing when possible, keep a short record of conversations, and be polite but firm if you will not consent to photos. If the landlord claims a right to enter without notice or permission, ask them to point to the reason and to provide it in writing.
- Call or speak to your landlord to explain you refuse photography and ask for the purpose and timing.
- Send a written refusal by email or text so there is a record; say clearly you do not consent to photos and keep the message.
- Document any follow-up: date, time, names present and whether the landlord proceeded despite your refusal.
- Politely deny entry if the landlord attempts to enter without proper notice for photography and you have not consented.
- If the dispute continues, apply to the Residential Tenancies Tribunal or request an official decision; include your records and copies of written refusals [2].
What to include in your record
Good documentation strengthens your position. Keep copies of written refusals, texts, emails, and a short log describing any in-person interactions. If you must allow photos for a limited reason, ask the landlord to take only what is necessary and to avoid personal areas or belongings. If photos are archived, ask how long they will be retained and who will access them.
- Save copies of written messages refusing photography and any replies from the landlord.
- Request a written notice for entry that includes the purpose, date and time.
- Note witnesses or other tenants present during any entry or attempted photography.
Forms and official actions for New Brunswick tenants
Two common official tools are the written notice of entry and an application to the Residential Tenancies Tribunal. Use the formal notice when you want to record that the landlord did not provide proper notice for photography, and use the tribunal application if the landlord entered or photographed your unit without consent and you cannot resolve the issue directly [3] [2].
- Notice to Enter (official notice): used when a landlord must give advance notice for entry; provide an example like "You must give 24 hours' notice to enter for non-emergency inspections" and keep a copy.
- Application to the Residential Tenancies Tribunal (complaint form): used when a tenant asks the tribunal to resolve a dispute about unlawful entry or privacy breaches; include your written refusals and records as evidence.
For practical advice about moving, inspections and the condition of your unit see the official guidance and tenant checklists, and consult the provincial forms when preparing a tribunal application. For help finding a new place if relocation becomes necessary, you can Houseme - your rental solution in Canada. You can also review the Guide to the Initial Rental Property Inspection for Tenants and What Tenants Need to Know After Signing the Rental Agreement for related steps after inspections or move-in.
FAQ
- Can I refuse photography if my landlord says it is for advertising?
- Yes. Ask for written notice and refuse if the landlord did not give proper notice or requests access without consent; document your refusal and seek the tribunal if the landlord proceeds.
- What if the landlord says photos are needed for repairs?
- If photos are directly linked to repairs or contractor work, consider allowing limited photos of the problem area but insist on limiting personal items from view and ask for written confirmation of the purpose.
- How do I file a complaint if my landlord photographed without consent?
- Gather your written refusals, texts or emails and apply to the Residential Tenancies Tribunal with the supporting documentation; the tribunal can order remedies if the landlord broke tenancy rules.
How-To
- Call the landlord and clearly state you do not consent to photographs and ask the reason for them.
- Send a short written refusal by email or text and save a copy for your records.
- If the landlord insists, document the date, time, names and any witnesses to the interaction.
- Refuse entry for photography unless the landlord provides proper notice or the situation is an emergency that threatens safety or property.
- If unresolved, apply to the Residential Tenancies Tribunal and include your documentation as evidence.
