Ask a Lawyer – “My landlord came into my apartment without notice. Is this, okay? What are my rights?”

Article 16 of the Residential Tenancies Act of New Brunswick provides that the landlord or any of their representatives shall not “enter the demised premises during the term of a tenancy”. However, this Act specifies that the Landlord may enter the premises without notice “where a tenant has abandoned the demised premises; or an emergency is present.”   

A landlord has the right to enter a rental unit that is currently occupied, but they must give notice to the tenant, unless it is an emergency. The landlord has the obligation to the tenant to give notice; however the amount of notice depends on the reason for entry.

A landlord who intends to enter an occupied rental unit for repairs or maintenance is only permitted to enter between 8am and 8pm, from Monday to Saturday. A landlord is not permitted to enter an occupied unit on Sundays and holidays unless it is an emergency situation.  

When a tenant requests that repairs be completed, a landlord can enter the unit without notice within 2 business days of receiving the request. If the repairs are not completed within the 2 business days of receiving this request, the landlord must provide 24h hours’ notice to the tenant before entering.

In situations of routine maintenance, a landlord must provide the tenant a minimum of 7 days’ written notice.

When emergency repairs must be done, a landlord must provide these without delay. In these situations, a landlord has the right to enter a rental until without notice.