Can Landlords Ban Pets in New Brunswick Rentals?

Many renters in New Brunswick love their pets and want to bring them with them when moving. But what are your rights if your landlord tells you that pets aren’t allowed? Understanding the law in New Brunswick can help you make informed decisions and avoid unexpected issues in your rental.

Pet Policies in New Brunswick: What the Law Says

In New Brunswick, landlords are allowed to include a "no pets" clause in the rental agreement. Unlike some other provinces, there is currently no law in New Brunswick’s Residential Tenancies Act that specifically protects a tenant’s right to keep pets¹. This means:

• Landlords can legally prohibit pets in the lease agreement.
• If the lease is silent about pets, tenants should ask for written permission before bringing a pet into the unit.
• Breaking a "no pets" clause could result in eviction for non-compliance.

However, landlords cannot refuse to rent or evict tenants because of a service animal required due to a disability. This protection falls under the New Brunswick Human Rights Act.²

What Counts as a Pet? Service Animals vs. Companion Animals

It’s important to understand that service animals are not considered regular pets in the eyes of the law. Landlords must make reasonable accommodation for tenants who require a service animal. Emotional support animals do not currently have the same legal recognition as service animals in New Brunswick.

What if There’s Already a Pet in Your Rental?

If you already live in a rental and your original lease was silent about pets, adding a pet later without permission could violate other rules, like causing damage or disturbing neighbours. Landlords may not be able to change a lease mid-term to ban a pet you already have without your agreement—unless there are health, safety, or other lease violations.

To learn more about what rights you and your landlord have, see Tenant Rights and Landlord Rights in New Brunswick.

Common Lease Terms: What to Watch For

Rental agreements may include:

• A full ban on all pets or specific bans (such as dogs or cats only)
• Size or breed restrictions
• Requirements to disclose all pets and obtain written consent

Health, Safety, and Property Issues with Pets

Even in pet-friendly rentals, all tenants are responsible for keeping the property safe, clean, and in good repair. Issues such as excessive barking, property damage, or pest problems related to pets could be considered violations of the lease.

Learn more about property maintenance and tenant obligations in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Action Steps if You Disagree with a Pet Ban

If you are denied a pet in your rental or face eviction due to a pet:

• First, review your signed lease agreement closely.
• If you have a documented disability and need a service animal, file a complaint with the New Brunswick Human Rights Commission.
• If you believe the pet ban is unfair or not in your lease, contact the Residential Tenancies Tribunal of New Brunswick for guidance or to file a dispute.

Important Forms and How to Use Them

• Application for Assistance (Form 3.1) – Use this if you need help resolving disputes (e.g., eviction due to a pet). Provide details and submit it to the Residential Tenancies Tribunal. Official form here.
• Notice to Terminate – Tenancy (Form 3) – Landlords might use this if they’re ending your tenancy due to a lease breach, such as having an unauthorized pet. Official form here. If you receive one, act promptly.

Always keep copies and document communications with your landlord.

Pet Deposits and Additional Fees

Unlike some provinces, New Brunswick does not allow landlords to charge a separate pet deposit. Only a single security deposit is allowed, which cannot exceed one month's rent.³

For more details, read Understanding Rental Deposits: What Tenants Need to Know.

Looking for Pet-Friendly Rentals?

If having a pet is important to you, make sure to search specifically for pet-friendly listings. Search pet-friendly rentals on Houseme.ca to find updated listings across New Brunswick and the rest of Canada.

FAQ: Pets in New Brunswick Rentals

1. Can a landlord evict me for getting a pet if my lease bans pets?
   If your lease has a “no pets” clause and you bring in a pet without permission, you could be at risk of eviction for breaching your lease.
2. Are service animals allowed even if the lease bans pets?
   Yes. Service animals are protected under human rights laws, and landlords must accommodate tenants with disabilities who require them.
3. Is a landlord allowed to ask for a special pet deposit in New Brunswick?
   No. Landlords may only ask for a general security deposit of up to one month’s rent, no matter how many pets you have.
4. What should I do if my landlord tries to charge extra for a pet?
   Politely remind your landlord about the rules on security deposits. If needed, contact the Residential Tenancies Tribunal for advice.
5. Do emotional support animals have the same rights as service animals in New Brunswick?
   No. Only certified service animals (for disabilities) have legal protections under New Brunswick law.

Key Takeaways

• Landlords in New Brunswick can legally include "no pets" clauses in leases.
• Service animals are protected and cannot be banned.
• Pet deposits beyond the regular security deposit are not permitted.
• Read your lease carefully and contact official resources for help with disputes.

In summary, always check your rights before moving in with a pet, and know that official supports are available if you encounter problems.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Tenancy dispute resolution, forms, and official guidance.
• New Brunswick Human Rights Commission: For issues involving service animals or discrimination.
• Tenant Rights and Landlord Rights in New Brunswick (summary of laws and regulations)

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1. Residential Tenancies Act, New Brunswick. Official legislation
2. New Brunswick Human Rights Act. See service animal protections
3. Residential Tenancies Tribunal of New Brunswick. Deposit and fee guidelines

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