It is strictly illegal for a landlord in New Brunswick to change your locks or remove your belongings without an official Order of Possession from the Residential Tenancies Tribunal (RTT) executed by a Sheriff. If you are locked out, immediately contact the RTT to file an emergency application to regain access to your home.
Returning home after a long day of work only to discover that your key no longer fits the lock is a terrifying experience. Whether you live in a basement apartment in Fredericton or a high-rise in Saint John, housing security is a fundamental right. Some landlords, frustrated by late rent or a personal dispute, decide to bypass the law and lock tenants out to force them to leave.
This is known as a “self-help eviction,” and it is completely illegal under the New Brunswick Residential Tenancies Act. ⚠️ No matter how much rent you owe, or what rules you allegedly broke, a landlord cannot physically bar you from your home without a formal legal process. If you find yourself a victim of an illegal lockout, here is the exact step-by-step procedure to protect yourself and reclaim your space.
Step-by-Step Process in New Brunswick
When you are locked out, panic is a natural reaction, but it is vital to stay calm and follow the correct legal channels. Acting aggressively or damaging the property can severely hurt your case. Follow these steps to resolve the crisis.
Step 1: Do Not Break In or Cause Damage
As tempting as it may be to kick the door down or smash a window to get to your belongings, do not do it. 🚫 Breaking into the property can lead to criminal mischief charges against you, even if you legally live there. You must handle this as a civil dispute, keeping your own hands clean.
Step 2: Contact Your Landlord Immediately
Reach out to your landlord via text message, email, or a recorded phone call. Ask them why the locks were changed and demand immediate access to your unit. Sometimes this is a misunderstanding (like a maintenance issue), but if it is intentional, their written refusal to give you a key will serve as powerful evidence of an illegal lockout.
Step 3: Call the Non-Emergency Police Line
If the landlord refuses to let you in, call your local police department or RCMP non-emergency number. 👮♂️ Tell them you are a victim of an illegal eviction. While the police usually treat landlord-tenant disputes as civil matters and may not force the landlord to open the door, their presence will keep the peace, and they will create an official police report documenting the lockout.
Step 4: Contact the RTT for Emergency Assistance
This is your most important move. Contact the Residential Tenancies Tribunal (RTT) immediately. You can reach them through Service New Brunswick. Explain that you have been illegally locked out. The RTT treats lockouts as extreme emergencies. A Residential Tenancies Officer will usually contact the landlord within hours to inform them they are breaking the law and order them to provide you with a key.
Step 5: Keep All Receipts for Your Expenses
While you wait for the RTT to resolve the issue, you might need to stay in a hotel, eat at restaurants, or buy emergency clothing. 💮 Keep every single receipt. If the RTT determines the lockout was illegal, they can legally order the landlord to financially compensate you for all the out-of-pocket expenses you incurred while homeless.
How Much Does it Cost in New Brunswick?
Fighting an illegal lockout through the provincial government is free, but surviving the immediate aftermath can be costly. 💵 Here is what you should prepare for.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| RTT Emergency Application | $0 (Free) | The Tribunal does not charge tenants to intervene in illegal lockouts. |
| Emergency Accommodation | $120 – $200+ / night | Hotel or motel stays while you wait for the RTT to force the landlord to let you back in. |
| Legal Advice (Optional) | $0 – $300 | You can consult a local lawyer or rely on free community legal clinics for guidance. |
Remember, your goal is to have the RTT force the landlord to reimburse you for these emergency costs. You may even be entitled to extra compensation for the emotional distress and disruption to your life.
How Long Does the Process Take?
Because an illegal lockout leaves a resident homeless, the RTT expedites these files to the very front of the line. ⏳ Once you contact them during business hours, an Officer will typically begin an investigation on the same day. In most cases, the RTT will contact the landlord and resolve the issue within 24 to 48 hours. If the lockout happens on a Friday night, you may have to wait until Monday morning for government intervention, which is why keeping hotel receipts is crucial.
Frequently Asked Questions (FAQ)
Can my landlord lock me out if I am 3 months behind on rent?
No. Even if you owe thousands of dollars in rent, it is strictly illegal for a landlord to change the locks. They must go through the proper legal channels, serve you an eviction notice, and obtain an Order of Possession from the RTT.
What happens if the landlord threw my belongings in the garbage?
If the landlord damaged, sold, or threw away your personal property during an illegal lockout, the RTT can order them to pay you full financial compensation for the replacement value of your goods. You may also be able to sue them in Small Claims Court.
Can the landlord legally shut off my electricity instead?
Absolutely not. Cutting off essential services like power, water, or heat is considered a “constructive eviction” and is just as illegal as changing the locks. The RTT will treat this with the same severity as a physical lockout.
Will the RTT fine my landlord for locking me out?
Yes, if the investigation proves the landlord intentionally breached the Residential Tenancies Act, the RTT has the authority to issue significant administrative fines against the landlord, in addition to compensating you.
Do I still have to pay rent if I am locked out?
You are generally not required to pay rent for the days you were illegally denied access to your home. When you file your case with the RTT, you can request a rent abatement (a refund) for the specific period you were locked out.
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