Dealing with a landlords threat of eviction because of an unauthorized pet can be stressful for any renter in New Brunswick. This guide explains what tenant rights exist under provincial rules, when a landlord may legally seek to end a tenancy for pets, and practical steps tenants can take to respond. Youll find clear explanations of notices and applications, how to document your situation, and tips for negotiating or requesting reasonable accommodation for service animals. The information focuses on everyday renter concernstimelines, evidence, and where to get official forms and tribunal helpso you can act confidently if your landlord raises a pet-related issue.
When can a landlord evict for an unauthorized pet?
Landlords generally may rely on a written lease clause that prohibits pets, but eviction is not automatic. A landlord must follow the Residential Tenancies process and provide proper written notice before applying to the tribunal for an order.[1] The provinces tenancy legislation sets grounds and timelines for ending tenancies; tenants may be able to challenge notices if procedures are not followed or if accommodation for a service animal is required.[2]
Notices, timelines and common forms
Common steps a landlord must take include serving a written notice that explains the alleged breach and gives the tenant time to remedy or vacate. If the tenant does not comply, the landlord may file an application with the Residential Tenancies Tribunal to seek an order to end the tenancy or recover costs. Tenants should review the exact form names and follow filing directions on the provincial site to avoid missed deadlines.[1]
- Check how many days the notice allows to remedy or vacate; timelines can be strict.
- Locate and keep copies of any notice served to you and the date it was delivered.
- Document incidents (photos, dated notes, messages) that relate to the complaint about the pet.
How to respond as a tenant
Tenants should first check the lease language and gather evidence that contradicts or explains the landlords claim (for example: proof the animal is a certified service animal, veterinary records, or evidence of prior landlord approval). If the landlord served a notice, respond in writing and keep a dated copy. If the landlord files with the tribunal, you will receive a hearing date and should prepare documents and witnesses that support your position.
- Keep records of communication with your landlord, including emails, texts and letters.
- Request copies of any inspection reports or complaints the landlord relies on.
- If you receive a hearing notice, prepare your evidence and decide whether to speak for yourself or get legal advice.
Reasonable accommodation for service animals
Service animals are treated differently from pets under human rights and tenancy rules. If you rely on a service animal for disability-related needs, you can request accommodation and the landlord must consider whether the accommodation is reasonable. Landlords may ask for information to verify the need but cannot demand detailed medical records. If a request is refused and eviction is threatened, consider raising human rights or accommodation arguments at the tribunal.
Negotiation and alternatives to eviction
Before a hearing, consider negotiating a solution: a written agreement about pet rules, additional pet damage deposit if allowed, or a short move-out timeline. Tenants sometimes avoid formal eviction by proposing reasonable remedies and offering to repair any verified damage. Keep any agreement in writing and signed by both parties.
- Offer a reasonable written plan to address the landlords concerns, such as extra cleaning or supervision measures.
- If you reach an agreement, ensure it is recorded in writing and attached to your tenancy record.
Documentation checklist before a tribunal hearing
- Photographs of the units condition and any alleged damage.
- Copies of your lease, any prior written permissions, and all notices received or sent.
- Contact information for witnesses, veterinarians, or health professionals who can support your case.
FAQ
- Can my landlord evict me immediately for having a pet?
- Not immediately; landlords must follow notice and tribunal procedures before an eviction order can be enforced.
- Do service animals count as unauthorized pets?
- Service animals are usually treated as accommodations; tenants should request accommodation and provide reasonable verification without disclosing sensitive medical details.
- What if my landlord claims the pet damaged the unit?
- If damage is claimed, gather before-and-after evidence and receipts for repairs; the tribunal will assess responsibility and cost.
How-To
- Read the notice thoroughly and note any deadlines provided by the landlord.
- Collect and organize all evidence that supports your position, including lease clauses and communication records.
- Contact the Residential Tenancies Tribunal to confirm filing procedures and the hearing date, and file any required response forms.
- Consider informal negotiation or mediation with the landlord to reach a written agreement before a hearing.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act and provincial legislation
- Official forms and filing instructions - Government of New Brunswick
For renters looking for a new pet-friendly home, you can Search pet-friendly rentals on Houseme.ca. You may also find helpful background on local rights in the resource Tenant Rights and Landlord Rights in New Brunswick and practical responsibilities in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
