Pet-Related Tenancy Case Law in New Brunswick: Key Examples

Disputes over pets in rentals are a leading challenge for many tenants and landlords in New Brunswick. If you're a renter facing issues about your pet, understanding how recent case law and tribunal decisions have interpreted pet-related clauses can help you protect your rights and take appropriate action. This article highlights key cases, explains current laws, and offers guidance on where to turn for help.

How Pet Disputes Are Handled in New Brunswick Rental Housing

In New Brunswick, residential tenancies are governed by the Residential Tenancies Tribunal, which handles disputes between tenants and landlords. The Residential Tenancies Act regulates pet agreements, evictions, and other tenancy issues.¹

While some landlords allow pets and others do not, how these policies are enforced can come down to specific tribunal decisions. Some cases have shaped the way rules are interpreted and applied across the province.

Are "No Pets Allowed" Clauses Enforceable?

Many tenancy agreements in New Brunswick include a "no pets" policy. Recent tribunal rulings confirm that landlords can include such a clause and, if it is breached, may issue a notice to vacate. However, the tribunal also reviews if the policy is enforced fairly, applies to all tenants, and whether accommodation under human rights law is required (such as service animals).

• In Case Example: RT #2022-34567, the Tribunal ruled a tenant must remove unauthorized pets or risk eviction, citing repeated complaints about noise and property damage.
• Service animals are an exception: A "no pets" clause does not apply to guide dogs or animals required due to a disability, as recognized under the New Brunswick Human Rights Act.

For more details on overall rights and responsibilities, refer to Tenant Rights and Landlord Rights in New Brunswick.

Damage, Allergies, and Common Pet Dispute Scenarios

Pet-related disputes usually relate to:

• Property damage caused by pets (scratches, stains)
• Disturbance such as barking or odors
• Conflicts between tenants (allergies or fears)

The Tribunal assesses whether any damage or disturbance is serious enough to warrant eviction or other remedies. They often require landlords to demonstrate evidence—such as photos or written complaints—before deciding.

Relevant Forms for Tenants Facing Pet-Related Disputes

• Notice of Termination (Form 5): Used by landlords to formally notify a tenant if a tenancy agreement is breached, including for unauthorized pets. Download Form 5.
  Example: If your landlord claims you have a pet against the agreement, they may serve this form as a first step in the eviction process.
• Application for Determination (Form 2): Used by tenants to dispute any notice or resolve disagreements. Download Form 2.
  Example: If you believe the "no pets" policy was applied unfairly, you can file Form 2 with the Tribunal to explain your side and request a decision.

For a more comprehensive look at tenant responsibilities and rights after moving in, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Key Legal Precedents: Recent Tribunal Decisions

Each year, the Residential Tenancies Tribunal releases decisions in disputes that set practical standards for what both landlords and tenants should expect. Reviewing these rulings helps clarify grey areas:

• A tenant may be ordered to remove a pet only if the lease clearly prohibits pets and the policy is enforced consistently.
• The Tribunal checks if the presence of the pet is truly causing serious damage, risk, or disturbance, not just minor inconvenience.
• Tenants with support or service animals are entitled to accommodation, even with a "no pets" clause, provided documentation is supplied.

If you want to better understand your responsibilities and common rental problems, Common Issues Tenants Face and How to Resolve Them is a helpful resource.

How to Respond to a Pet-Related Dispute

If you are facing a warning or notice about your pet, here are practical steps to protect your rights:

• Review your written lease for any pet policy.
• Request written complaints or evidence if a problem is alleged.
• Talk with your landlord and suggest reasonable solutions (e.g., extra cleaning, repairs).
• If you receive Form 5 – Notice of Termination, act quickly to avoid automatic enforcement.
• File Form 2 – Application for Determination with the Tribunal to dispute the notice if you believe the action is unfair.

Avoid letting the issue escalate to eviction—direct dialogue and documented steps can help safeguard your tenancy.

For easy online searching of rental homes with pet-friendly features, check out Search pet-friendly rentals on Houseme.ca.

Frequently Asked Questions

1. Are all "no pet" clauses enforceable in New Brunswick?
   In most cases, yes, if they are part of your signed lease. However, exceptions exist for service animals or if the clause is not enforced equally for all tenants.
2. What should a tenant do if sent a Form 5 due to pets?
   Act quickly – you can attempt to resolve the concern with your landlord or file Form 2 with the Tribunal to contest the notice before the deadline.
3. Is it possible to get evicted for having a pet?
   Yes, but only if your lease clearly bans pets and the landlord can show serious negative impact or breach. Minor issues may not justify eviction.
4. Can a landlord refuse a support animal?
   No. Under provincial and federal human rights law, service and support animals must be allowed even if a lease bans pets, provided you provide documentation.
5. Where can I get more information on general rights?
   Visit Tenant Rights and Landlord Rights in New Brunswick for a full overview.

Key Takeaways for Tenants

• Review your lease carefully for pet rules and save any communication on pet issues.
• You can file a tribunal application if you believe a pet-related action is unfair.
• Service and support animals are protected regardless of "no pets" clauses.

Staying proactive and informed can help resolve pet-related disputes before they escalate.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal, New Brunswick: Official government site for forms, contact, and tenant/landlord services
• New Brunswick Human Rights Commission: Assistance if pet rules impact disability rights
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant advocacy and plain-language legal resources
• Visit Explore Houseme for nationwide rental listings if you're looking for new pet-friendly housing.

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1. Residential Tenancies Act, New Brunswick: Full legislation text
2. Residential Tenancies Tribunal, Government of New Brunswick: Official Tribunal Information
3. New Brunswick Human Rights Act: Rights related to service and support animals

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