Tenant Rights Regarding Smart Locks and Access Control Systems

Tenants in New Brunswick may encounter smart locks, keyless entry, cameras, intercoms, or building access systems in an apartment or rental home. These tools can improve safety and convenience, but they do not automatically remove a renter's privacy or landlord's legal responsibilities. Your lease, the Residential Tenancies Act, and basic rules about reasonable entry, quiet enjoyment, repairs, and security all matter. This guide explains what a tenant should ask before accepting electronic access, how landlords should manage codes and personal information, what to do when a system fails, and where to seek help. Whether you are moving into a new rental or facing an access dispute, careful records and prompt written communication can help protect your rights in New Brunswick.^[1]

Smart locks and your rental agreement

A smart lock is part of the rental's access and security system. The landlord generally remains responsible for providing a usable, secure means of entering the home and for maintaining facilities supplied with the tenancy. Review the lease and any building rules for details about electronic keys, replacement fobs, battery failures, after-hours access, and who pays for lost or damaged devices.

Before signing, ask whether the system records entry times, whether the landlord or a service provider can remotely unlock the door, and what happens if your phone, code, fob, or internet connection fails. A written answer can prevent later disagreement. You can also review What Tenants Need to Know After Signing the Rental Agreement for practical guidance on lease terms and tenant responsibilities.

Privacy, notice, and landlord entry

A smart lock does not give a landlord unlimited access or permission to monitor a tenant's daily movements. Landlord entry must still follow New Brunswick tenancy rules, including applicable notice requirements and limits on the reasons for entry. Except in an emergency or where the tenant consents, a landlord should provide proper notice and enter at a reasonable time for a lawful purpose such as an inspection, repair, or showing the unit.

Access logs may reveal when people come and go. Ask what information is collected, who can see it, how long it is kept, and whether it is shared with a contractor or technology company. Do not assume that changing a code or disabling an app is a harmless fix; first report the concern in writing and preserve the original settings where possible.

• Request advance notice and the reason whenever non-emergency entry is proposed.
• Keep records of access alerts, unexpected entries, messages, and system changes.
• Raise concerns if a camera, access log, or remote-unlock feature appears excessive or unsafe.

Who pays for installation, repairs, and replacements?

The lease may explain whether a tenant pays a deposit, replacement charge, or fee for a lost fob, but a landlord cannot simply shift ordinary maintenance costs to a tenant without a lawful basis. A landlord should maintain landlord-provided locks, fobs, batteries, connected equipment, and other essential access components. A tenant may be responsible for damage caused by the tenant's intentional or careless conduct, but normal wear, equipment age, and a technical failure are different issues.

Report a failed lock or access device promptly and explain how it affects entry, safety, or essential services. If you are locked out because the landlord's system failed, ask for immediate assistance and keep receipts for reasonable expenses. For broader maintenance concerns, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities and review Health and Safety Issues Every Tenant Should Know When Renting.

• Notify the landlord about dead batteries, failed readers, broken locks, or unreliable entry equipment.
• Photograph error messages and keep invoices, receipts, and copies of every repair request.
• Ask for an explanation in writing before paying a disputed replacement fee or deduction.

When a smart lock stops working

Loss of access can be urgent, especially during severe weather, at night, or when a tenant needs medication, food, or another essential item inside the unit. Contact the landlord or emergency maintenance number immediately, describe the problem, and state whether you are locked out or unable to secure the home. If there is an immediate danger, call emergency services.

Do not force the device or make permanent changes unless necessary to protect people from immediate harm. If the landlord does not respond, document the attempts and consider contacting the Residential Tenancies Tribunal for information about available remedies. A tenant should not withhold rent simply because a dispute exists without obtaining reliable legal guidance, since non-payment can create a separate tenancy problem.

Access codes, roommates, and moving out

Give access information only to people who need it and follow the lease rules about occupants, guests, and subletting. If a roommate moves out or a guest should no longer enter, ask the landlord or building manager to update the authorized-user list where appropriate. Do not accept responsibility for monitoring a landlord's staff or contractor accounts; report unauthorized access instead.

At the end of the tenancy, return physical fobs and follow reasonable instructions for deleting or transferring tenant-specific credentials. Ask for written confirmation that your code and account access have been removed. If you are looking for another home, you can Browse apartments for rent in Canada while comparing each property's access arrangements and privacy practices.

How to challenge an access or privacy problem

Start with a clear written request. Identify the date, device, access issue, attempted solution, and result you want. Keep communications calm and factual. If the landlord does not resolve the issue, contact the New Brunswick Residential Tenancies Tribunal, which administers residential tenancy matters through Service New Brunswick. The applicable legislation is the Residential Tenancies Act, which sets the framework for landlord and tenant rights and duties.^[2]

New Brunswick does not publish a special smart-lock application form. A tenant can use the Tribunal's residential tenancy application process when the facts support a formal request for a remedy, and should follow the current instructions about service, evidence, fees, and hearing procedure. For example, a tenant who repeatedly cannot enter because of a landlord-controlled system could provide the lease, repair messages, photographs, access alerts, receipts, and a dated incident log with the application.^[3]

• Send a written notice describing the access or privacy problem and request a specific correction.
• Gather the lease, notices, photographs, videos, logs, receipts, and witness information.
• Contact the Residential Tenancies Tribunal to confirm the current application route and filing instructions.
• Attend any scheduled hearing and explain the effect of the problem on access, safety, privacy, or use of the home.

Frequently Asked Questions

Can my landlord install a smart lock without my agreement?

A landlord may be able to upgrade building equipment, but the change should not unlawfully interfere with reasonable access, privacy, safety, or the agreed tenancy terms. Ask for details and raise objections in writing if the system creates a problem.

Can a landlord use smart-lock logs to enter whenever they want?

No. Electronic access does not replace the legal rules governing landlord entry, notice, reasonable times, and lawful purposes, except where an emergency or tenant consent applies.

Who is responsible if the smart lock fails?

The landlord should address failures in landlord-provided access equipment. A tenant may be responsible for damage caused by their careless or intentional conduct, but ordinary wear and technical failure are not automatically the tenant's responsibility.

What evidence should I keep for an access dispute?

Keep the lease, written complaints, access alerts, photographs, videos, repair records, receipts, witness details, and a dated log showing when access was lost or unauthorized entry occurred.

How-To: Respond to a smart-lock problem

1. Record the date, time, error message, access attempt, and effect on your ability to enter or secure the rental.
2. Notify the landlord or emergency contact in writing and request a practical repair or backup entry method.
3. Save photographs, screenshots, messages, receipts, and other evidence without altering the device unnecessarily.
4. Contact the New Brunswick Residential Tenancies Tribunal if the issue remains unresolved and ask how to use the current application process.
5. Submit organized evidence and attend the hearing if the Tribunal schedules one.

Help and Support / Resources

• New Brunswick Residential Tenancies Tribunal and landlord-tenant information
• Residential Tenancies Tribunal services and application information
• New Brunswick Residential Tenancies Act

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1. [1] Government of New Brunswick, landlord and tenant information
2. [2] Government of New Brunswick, Residential Tenancies Act
3. [3] Government of New Brunswick, Residential Tenancies Tribunal services