Pet Ownership and Denied Rental Applications in New Brunswick: Tenant Rights Explained

Securing a rental can be challenging, especially for tenants with pets. If you’ve been denied housing in New Brunswick because you own a pet, it’s important to understand your rights and what the law says. This article provides an accessible overview of tenant protections and common scenarios related to pet ownership in New Brunswick rental housing.

What Are the Rules for Pets in New Brunswick Rentals?

Unlike some Canadian provinces, New Brunswick does not have province-wide legislation that either guarantees or outright restricts the right of tenants to keep pets in rental units. Instead, landlords are allowed to set their own pet policies, as long as these policies do not violate any other legal protections, such as those relating to service animals or discrimination on protected grounds.

It’s common for landlords to include a “no pets” clause in their rental agreements. However, there are important exceptions and responsibilities to be aware of, particularly for tenants who rely on service or support animals.

Can a Landlord Refuse Renters with Pets?

Yes, landlords in New Brunswick can typically deny housing applications from tenants who own pets unless the pet is a service animal required under human rights laws. Always review your lease or rental agreement carefully before signing, and clarify any pet-related terms in writing.

Service Animals and Disability Rights

If you rely on a certified service animal due to a disability, you have protection under the New Brunswick Human Rights Act. Landlords cannot refuse your application or evict you because of your service animal. Discrimination on the basis of disability—such as denying housing to someone with a required service animal—can be challenged through the New Brunswick Human Rights Commission.

What Should Tenants Do If Denied Housing Because of a Pet?

If you are denied a rental due to pet ownership (and your pet is not a service animal), the landlord’s actions are generally lawful in New Brunswick. However, if you believe you have been denied because of a service animal or on protected grounds (such as disability), you can file a human rights complaint.

• Document all communications with the landlord
• If you have a service animal, gather supporting documentation from your healthcare provider
• Contact the New Brunswick Human Rights Commission for advice
• If you believe your rights under the tenancy act have been violated, you may also consult the Residential Tenancies Tribunal

Filing a Human Rights Complaint

To challenge a denial based on a service animal, use the official Human Rights Complaint Form from the New Brunswick Human Rights Commission.

• Form Name: Human Rights Complaint Form
• When to Use: When you believe you were denied housing due to discrimination (e.g., because of a service animal or disability).
• How to Use: Complete the form with details of the incident, attach any supporting documents, and submit it to the Commission as directed on their website.
• Submit a housing discrimination complaint

The New Brunswick Human Rights Commission will review your complaint and may assist with conciliation or investigation.

The Residential Tenancies Act and Pets

In New Brunswick, rental agreements are primarily governed by the Residential Tenancies Act. While it does not provide explicit protection for pet owners, it ensures that all tenants must receive written notice of landlord rules (including pet policies) before signing any agreement.

• Landlords may include or exclude pets at their discretion (except for service animals)
• Tenants should request all pet policies in writing
• Keep records of communications regarding your pet status or requests

Understanding your lease and your provincial rights is essential. See Tenant Rights and Landlord Rights in New Brunswick for more details about the Residential Tenancies Act and other common issues.

Common Problems for Pet Owners in Rentals

Many tenants with pets face challenges including:

• Higher damage deposits or cleaning fees (note: deposits are regulated and any “pet deposit” must comply with the law—see Understanding Rental Deposits: What Tenants Need to Know)
• Restrictions on animal size, breed, or number
• Eviction notices for unauthorized pets

These issues can often be managed by communicating openly with your landlord and by understanding your obligations as a tenant. For more help on everyday issues, see Common Issues Tenants Face and How to Resolve Them.

Where to Find Pet-Friendly Rentals

Finding a landlord that allows pets can take extra effort. Use dedicated rental platforms, community bulletin boards, and online listings. Search pet-friendly rentals on Houseme.ca and compare options in your area.

1. Can a landlord in New Brunswick refuse to rent to me because I have a pet?
   Yes, unless your pet is a legally recognized service animal required due to a disability. Landlords have the right to set pet policies for their properties.
2. Are "no pets" clauses in leases legal in New Brunswick?
   Yes, “no pets” clauses are generally enforceable unless they conflict with the Human Rights Act, such as for service animals needed for a disability.
3. How can I make a complaint if I’m denied because of a service animal?
   You can submit a complaint using the Human Rights Complaint Form to the New Brunswick Human Rights Commission.
4. Can landlords charge extra fees or deposits for pets?
   Landlords may request a deposit, but it is subject to provincial rules. Read about the rules for deposits in Understanding Rental Deposits: What Tenants Need to Know.
5. Where can I find more information on tenant rights in New Brunswick?
   See Tenant Rights and Landlord Rights in New Brunswick for a comprehensive overview.

Key Takeaways for Tenants with Pets

• Landlords in New Brunswick can generally deny tenants with pets, except for service animals protected by human rights law.
• If you face discrimination due to a service animal, you can file a complaint with the Human Rights Commission.
• Always clarify pet policies before signing any lease and keep written documentation.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Handles landlord-tenant disputes and provides guidance on rental law.
• New Brunswick Human Rights Commission: For concerns about discrimination or service animal rights.
• Read the New Brunswick Residential Tenancies Act
• File a Human Rights Complaint (official form and info)

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1. Residential Tenancies Act, SNB 2014, c 121, official legislation
2. New Brunswick Human Rights Act, official legislation
3. New Brunswick Human Rights Commission, official website
4. Residential Tenancies Tribunal Service New Brunswick, official website

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