Many renters in New Brunswick wonder what a lease can say about pets and when a service animal is legally protected. This article explains how pet clauses commonly appear in leases, the difference between pets and service animals, and how human-rights protections can limit or override blanket no-pet rules. You will find clear steps to request an accommodation, what evidence or documentation to gather, and how to use provincial complaint and tribunal processes if needed. Practical examples focus on tenant-friendly actions, timelines, and the official forms you may need. The guidance is written for tenants and renters who want simple, actionable information without legal jargon.
Understanding pet clauses versus service animals in New Brunswick
Leases often include "no pets" or specific pet rules. A service animal used for a disability is treated differently under human-rights law: landlords must consider accommodation requests and cannot automatically refuse for that reason. If you believe a clause conflicts with a protected need, you can seek an accommodation or file a complaint with the New Brunswick Human Rights Commission or the Residential Tenancies Tribunal.[2][1]
What a reasonable accommodation request should include
- Explain the accommodation you need in plain language, including why a service animal is necessary.
- Provide supporting records or documentation (medical note or assessment) where possible to show the link between the disability and the service animal.
- Ask for the accommodation in writing and keep a dated copy of your request and the landlords response.
- Give the landlord a reasonable period to respond and propose alternatives if relevant.
When landlords can and cannot refuse
Landlords may set reasonable rules about behaviour, damage and cleanliness, but they cannot automatically refuse a service-animal accommodation without considering alternatives or demonstrating undue hardship. If a pet clause is being enforced against a documented service animal without proper consideration, you can seek review through provincial complaint processes.[2]
Practical steps if your request is denied
- Document the denial and keep copies of all correspondence and any evidence you provided.
- Send a follow-up written request asking the landlord to reconsider and explaining any missed details.
- Contact the New Brunswick Human Rights Commission for guidance on discrimination complaints and next steps.[2]
- If necessary, apply to the Residential Tenancies Tribunal to resolve a dispute about your tenancy rights or accommodations.[1]
Finding pet-friendly or accommodating rentals
If you are searching for housing and need a pet-friendly or service-animal-friendly rental, look for listings that mention pets or explicitly welcome service animals. For a quick way to search pet-friendly listing options online, try Search pet-friendly rentals on Houseme.ca.
Forms you may need and when to use them
There are official forms and processes for tenancy disputes and human-rights complaints in New Brunswick. Below are the key documents, what they are for, and an example of how a tenant uses each:
- Application to the Residential Tenancies Tribunal: used to request a hearing about tenancy disputes such as accommodation refusals; example: a tenant files this application after a landlord refuses a documented service-animal request.[1]
- Human Rights complaint form: used to start a discrimination complaint with the New Brunswick Human Rights Commission; example: a tenant files when they believe refusal of a service animal violates human-rights protections.[2]
- Residential Tenancies Act (legislation): the law that explains landlord and tenant rights and obligations in New Brunswick; use it to check timelines, notice requirements, and legal standards before filing.[3]
FAQ
- Can a landlord require proof that my service animal is trained?
- In most cases landlords may request information that the animal is required for a disability, but they generally cannot demand detailed medical records or certification beyond reasonable proof.
- Do I have to pay extra pet damage deposits for a service animal?
- Landlords cannot charge a damage deposit or extra pet fee solely because an animal is a service animal for a person with a disability; they can, however, seek compensation for actual damage through normal processes.
- What if my landlord threatens eviction for having a service animal?
- If you have documented need for a service animal and followed reasonable steps to request accommodation, do not ignore eviction threats; seek advice and consider filing with the Human Rights Commission or the Residential Tenancies Tribunal.
How-To
- Gather documentation that links your disability to the need for the service animal, such as a brief medical note or clinician letter.
- Prepare a short written accommodation request that explains the need and any reasonable rules you will follow (vaccinations, behaviour, cleaning).
- Send the request to your landlord and allow a reasonable timeframe for a response; keep dated copies of everything.
- If the landlord refuses, contact the New Brunswick Human Rights Commission to discuss filing a complaint and the Residential Tenancies Tribunal to learn about tenancy remedies.[2][1]
- If you file a tribunal application, prepare clear evidence (copies of requests, receipts, photos) and attend the hearing to present your case.
Key Takeaways
- Service animals may be protected even when leases include no-pet rules.
- Always make accommodation requests in writing and keep dated copies of responses.
- If denied, use the Human Rights complaint process and the Residential Tenancies Tribunal.
Help and Support / Resources
- Residential Tenancies Tribunal — file applications and hearings
- Contact the New Brunswick Human Rights Commission — complaints & guidance
- Residential Tenancies Act — legislation and rules
