Can Tenants Legally Record Landlord Entry in NL?

If you rent in Newfoundland and Labrador, privacy is a major concern—particularly when your landlord needs to enter your home. Understanding when and how you can record your landlord's entry is key for protecting your rights and avoiding legal trouble. This guide explains privacy laws, the use of recording devices, and what tenants should consider if an issue arises during landlord entry in Newfoundland and Labrador.

Landlord Entry Rules in Newfoundland and Labrador

Landlords in Newfoundland and Labrador can only enter your rental unit under certain conditions. These are set out by the Residential Tenancies Act of Newfoundland and Labrador¹. Typically, your landlord must provide at least 24 hours’ written notice and state the reason, date, and time for entry. Exceptions include emergencies (like a water leak or fire) or where there is consent given at the time.

Recording Landlord Entry: What Does the Law Say?

Many tenants consider using video or audio to protect their interests when a landlord enters. However, there are strict privacy and consent rules to be aware of:

• Audio Recording: Newfoundland and Labrador law generally allows a person to record a conversation if at least one participant consents (so if you are present, you can record the audio). However, you cannot record private conversations you are not a party to.
• Video Recording: Video recording (without audio) inside your home for personal reasons is typically legal—provided it isn't used to invade someone's privacy in places they expect more privacy (for example, in bathrooms).
• Hidden Cameras: Using hidden cameras or audio devices to record others without notice can have legal and civil consequences, especially if they are not aware you are recording.

The key point: If your landlord gives proper notice and enters for a legal reason, and you are present, you are usually allowed to record—especially to document the condition of your unit. If you are not present, it is best to post a clear sign indicating video may be in use for security. Always avoid recording audio when not present.

Why Would You Record Landlord Entry?

• To document maintenance or routine repairs
• To have an accurate record of interactions
• For protection if disputes arise after move-out about damage or belongings

It is important to know that any recording is best used solely for verifying facts in case of disagreement, or as evidence if you need to apply to the Newfoundland and Labrador Residential Tenancies Office (RTO).

What If There Is a Privacy Issue?

If you feel your landlord is invading your privacy—such as entering without notice or consent, or interfering with your space without valid reason—you can take these steps:

• Document every incident, with dates and times
• Use written communication (email or letter) to address concerns
• If the issue continues, consider applying for dispute resolution through the RTO

Applying to the Residential Tenancies Office

The Residential Tenancies Office of Newfoundland and Labrador (RTO) handles tenant-landlord disputes, including privacy breaches or illegal entry. You can apply using Form RTB-001: Application for Dispute Resolution:

• Use: If your landlord entered without proper notice, or if you want to dispute an action regarding your privacy.
• How to Use: Complete the form, attach any evidence (like a recording), and submit it to the RTO—online, in person, or by mail. Find the official Application for Dispute Resolution form here.
• Example: If your landlord entered while you were away without providing notice, and your security camera captured this, you could use the footage as part of your RTO application.

When using evidence in any hearing, you must explain how it was obtained and show that it was recorded legally and respectfully.

Practical Tenant Tips for Privacy and Entry

• Check your lease for any rules or policies related to recording or entry
• Keep all communications with your landlord in writing
• Consider using smart home cameras that notify you when movement is detected, but always post a sign to inform anyone entering your home
• Understand your rights and obligations—learn more in Obligations of Landlords and Tenants: Rights and Responsibilities Explained
• Document entry and repairs. Our guide on Guide to the Initial Rental Property Inspection for Tenants can help you keep accurate records from day one.

Looking for more privacy, safety, or comfort in a new place? Find rental homes across Canada on Houseme with helpful search tools and up-to-date listings.

Legal Reference for Tenants in Newfoundland and Labrador

For further details on tenant and landlord rules, see Tenant Rights and Landlord Rights in Newfoundland and Labrador for a comprehensive overview.

FAQ: Recording, Privacy, and Landlord Entry

1. Can I use my phone to record my landlord during an entry?
   Yes, as long as you are present and part of the conversation, you can record audio and video for your own protection or documentation.
2. What should I do if my landlord enters without permission?
   Document the event, communicate your concerns in writing, and if the problem continues, make an application with the RTO using the Application for Dispute Resolution form.
3. Is it legal for my landlord to record inside my rental unit?
   Landlords cannot install security cameras or recording devices inside your private rented space (other than common areas) without your consent.
4. What evidence should I keep if I have a dispute with my landlord over entry?
   Keep copies of all written communication, photographs, entry notices, and any recordings (with time/date stamps) related to the incident.
5. Do I need to tell my landlord if I have cameras in my apartment?
   No, but it’s courteous and helps prevent misunderstandings—posting a sign is recommended if cameras record when you’re not present.

Key Takeaways for Tenants

• Tenants can usually record landlord entry if present, but respect privacy and use signs when recording in their absence
• Written communication and legal documentation support your rights in any dispute
• The Residential Tenancies Office is your resource for concerns about illegal entry or privacy violations

Need Help? Resources for Tenants

• Newfoundland and Labrador Residential Tenancies Office – File complaints, access forms, and get tenant advice
• Tenant advocacy: Contact the Public Legal Information Association of NL (PLIAN) for free legal info
• Official tenancy forms and guides: Government of NL Tenancy Forms
• For understanding all provincial tenant rights, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act of Newfoundland and Labrador
2. Residential Tenancies Office (RTO) — Government of Newfoundland and Labrador
3. Official NL Tenancy Forms

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