Many renters wonder whether landlords in New Brunswick can ask for extra fees or deposits because they have a pet. This guide explains what tenants should look for in lease language, how security deposits and additional pet-related charges are treated under provincial rules, and what practical steps a tenant can take if they think a fee is unfair. It is written for renters and tenants who want clear, plain-language advice on documenting their pet, negotiating pet clauses with landlords, and using official processes if a dispute arises in New Brunswick.
How New Brunswick law applies to deposits
The Residential Tenancies framework in New Brunswick regulates security deposits and tenancy agreements and sets out how disputes are resolved by the provincial tribunal.[1] There is no widely separate statutory "pet deposit" category in many tenancy codes; instead, pet fees or deposits are usually handled through the lease or as part of the security deposit arrangements described in provincial guidance. Tenants should read their rental agreement closely to see whether a landlord has included a pet fee, a higher security deposit, or special cleaning/damage charges.
Are pet deposits allowed in New Brunswick?
In practice, landlords can include terms about pets in a tenancy agreement, including asking for extra money tied to potential damage or cleaning costs, but any deposit or charge must not conflict with provincial rules on deposits and must be reasonable. A tenant can challenge an unreasonable or undocumented pet fee through the Residential Tenancies Tribunal if the charge appears to exceed what the law or the lease allows.[2] If a landlord advertises a unit as "no pets" they can refuse a pet, but service animals and certain accommodations for disabilities are governed by separate human rights and accommodation rules.
Practical steps if a landlord asks for a pet deposit
- Get any pet fee or additional deposit in writing so it is clear whether it is part of the security deposit or a separate charge.
- Document your pet's condition with dated photos and a short log when you move in and periodically during the tenancy.
- Keep all receipts for pet-related payments, veterinary records or treatments that may be relevant to disputes about damage.
- If you disagree about a charge, file the appropriate application form with the Residential Tenancies Tribunal and explain the issue with evidence.
- Attend the tribunal hearing with a clear timeline, photos, receipts and any witness statements that support your case.
Official forms and when to use them
Two forms tenants commonly use are the application form to bring a dispute to the Residential Tenancies Tribunal and any province-provided notice forms for ending or changing a tenancy. For example, an Application to the Residential Tenancies Tribunal (tenancy dispute form) is used by a tenant who wants the tribunal to decide whether a pet fee is permitted and whether a refund is owed. Another common document is a Notice to Terminate a Tenancy when ending a lease because of an unresolved dispute or an incompatible tenancy term. Use the tribunal application when negotiation does not resolve the issue; include photos, receipts and a short chronology of events in your submission.[2]
Negotiating pet clauses and reasonable alternatives
If you plan to keep a pet, try negotiating a clear, fair clause before signing. Examples of tenant-friendly terms include a refundable portion of a deposit for pet damage only, a cap on pet-related charges, or an agreement to pay for professional cleaning only if required. If a landlord refuses pets but you have a service animal, raise accommodation rights calmly and ask for the landlord's policy in writing.
FAQ
- Can a landlord charge a separate non-refundable pet fee in New Brunswick?
- No single, province-wide rule creates a special non-refundable pet fee; whether a fee is allowed depends on the lease and the Residential Tenancies framework. Tenants should request written details and can challenge unreasonable fees with the tribunal.
- Are service animals treated differently?
- Yes. Service animals are covered by human rights and accommodation rules; landlords must consider accommodation requests and cannot refuse a service animal without valid legal grounds.
- What if my landlord deducts pet damage from my security deposit unfairly?
- Collect evidence, ask for an itemized list of deductions, and if you disagree, apply to the Residential Tenancies Tribunal to dispute the deduction.
How-To
- Check the lease to confirm whether a pet deposit or fee is written into your agreement.
- Gather documentation: dated photos, receipts and any written communication about the pet fee.
- Contact the landlord in writing to request an explanation or refund and keep a copy of that message.
- File the tribunal application form if the landlord does not resolve the dispute and attach your evidence.
- Attend the hearing, present your evidence, and follow any tribunal directions on next steps or remedies.
Key Takeaways
- Pet charges must be clear in the lease and are subject to provincial deposit rules.
- Document condition and payments thoroughly to protect your rights.
- If negotiation fails, use the Residential Tenancies Tribunal to resolve disputes.
Help and Support / Resources
- Residential Tenancies Tribunal – information, filing and hearing details
- Residential Tenancies Act – official legislation and explanations
- Government of New Brunswick – renting and tenant resources
