Eviction Over Pets in New Brunswick: Tenant Rights & Steps

If you’re a tenant in New Brunswick and you’re facing eviction because of a pet, it can feel overwhelming. Understanding your rights, what your landlord can and cannot do, and the correct procedures will give you the confidence to respond effectively. This guide explains key steps, legislation, and support resources for tenants with pets in New Brunswick.

Can You Be Evicted for Having a Pet in New Brunswick?

In New Brunswick, landlords can set rules about pets in rental agreements. However, they must follow proper procedures if they wish to evict a tenant for breaches related to pets. If your lease prohibits pets and you have one anyway, or if your pet is causing problems (like damage or noise), your landlord may initiate the eviction process under the Residential Tenancies Act (New Brunswick)^[1].

When Is Pet-Related Eviction Allowed?

• No-pet clause: Your written lease specifically says no pets are allowed, and you bring one in.
• Damage or disturbance: Your pet is causing significant property damage or disturbing other tenants.
• Health and safety: Your pet poses a Health and Safety Issue, is dangerous, or causes allergic reactions that impact others.

Evictions can’t be for discriminatory reasons, and emotional support or service animals may be treated differently by law.

What Is the Legal Eviction Process?

Eviction over a pet must follow a formal process regulated by the Residential Tenancies Tribunal of New Brunswick^[2]. The landlord cannot remove you or your belongings without an official order. The process usually involves:

• Receiving a written notice from your landlord explaining the breach (for example, having a pet in a no-pet property)
• The notice period is usually at least one month, depending on the reason and the lease type
• You have the right to dispute the notice through the Tribunal

Responding to a Notice of Termination

If you receive a "Notice to Vacate" (also called a Notice of Termination), you should review it closely. Confirm whether your lease actually prohibits pets or sets conditions. Sometimes, the issue can be resolved by removing the pet or addressing concerns like noise. For unresolved disputes, you may file for a hearing with the Tribunal.

Official Forms for Tenants

• Application for Assistance (Form 10): Use this form if you wish to dispute an eviction or seek help from the Tribunal.
  When to use: If you believe the eviction is unfair, not properly served, or violates your rights.
  Download Form 10 from Service New Brunswick.
• Notice of Termination: This is the official notice your landlord must serve to begin the eviction process.
  Practical example: If your landlord claims you violated a no-pet policy, they must serve this notice outlining the details. Keep a copy for your records and review all conditions.
  See information on Notices to Vacate at the New Brunswick Tribunal.

Always respond to official notices in writing and keep all documents.

Key Tenant Protections and Your Rights

Your landlord cannot evict you on the spot, change your locks, or remove your property themselves. Only an order from the Residential Tenancies Tribunal allows those actions. If the eviction is based on health, safety, or disruptions, your landlord must prove their case. Many pet-related conflicts can be solved through discussion before a formal process is needed.

Learn about Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more on what each side must do.

Steps if You Want to Fight or Resolve a Pet-Related Eviction

• Read your lease and the eviction notice carefully
• Contact your landlord to discuss possible solutions (removing the pet, taking extra steps to resolve issues)
• If you disagree with the eviction, file Form 10 with the Tribunal as soon as possible
• Prepare evidence: vet records, photos, letters from neighbours, or proof that your pet is not disruptive
• Attend your hearing or mediation session with all documents

For a full overview of tenant and landlord rights in your province, visit Tenant Rights and Landlord Rights in New Brunswick.

Tenants cannot be evicted instantly for having a pet unless an urgent safety issue exists. You always have the right to dispute a notice and tell your side of the story to the Tribunal.

Finding Pet-Friendly Rentals and Next Steps

If eviction goes ahead or if you’re looking for a more suitable property, consider searching for rental listings that welcome pets. Search pet-friendly rentals on Houseme.ca for listings across New Brunswick and Canada tailored to pet owners.

FAQ: Pet-Related Eviction in New Brunswick

1. Can my landlord evict me just for having a pet in New Brunswick?
   Only if your lease has a no-pet clause or your pet is causing problems such as damage or major disturbances. Otherwise, they cannot evict you solely for pet ownership.
2. What if my pet is a service animal?
   Service animals are protected under federal and provincial human rights law. Landlords generally cannot evict you for having a service animal, even with a no-pet clause.
3. What official form do I use to dispute a pet eviction?
   You can file a Form 10 – Application for Assistance with the Residential Tenancies Tribunal to dispute the eviction notice.
4. How long do I have to leave after receiving an eviction notice?
   The notice period is typically one month; check your notice for the exact timeline and act quickly if you wish to contest it.
5. If my pet causes damage, can I be evicted and lose my deposit?
   Yes, if your pet causes significant damage, you may be evicted and your landlord may claim part or all of your deposit for repairs.

Conclusion: What Tenants Should Remember

• Landlords cannot evict tenants on the spot for having a pet; a formal process is required
• Always read your lease and respond promptly to official notices
• You can dispute a pet-related eviction through the Tribunal using Form 10
• Consider seeking pet-friendly rentals if your current situation cannot be resolved

Understanding your rights and acting quickly gives you the best chance to resolve pet-related issues without losing your home.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Information, forms, and dispute resolution
• Service New Brunswick: Rental forms, housing resources, contact options
• Public Legal Education and Information Service of New Brunswick: Legal guides and referrals
• Tenant Rights and Landlord Rights in New Brunswick: Rights and obligations in your province

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1. Residential Tenancies Act (New Brunswick) – legislation
2. Residential Tenancies Tribunal of New Brunswick – official resource

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