Moving into a new rental when you rely on a service animal raises practical and legal questions for tenants in New Brunswick. This guide explains tenant rights and landlord duties, what documentation you may prepare, how deposits and pet policies are handled when the animal is a disability-related accommodation, and simple steps to avoid misunderstandings. Examples include when a landlord asks for veterinary or training certificates and when they can request reasonable safeguards, such as proof of vaccinations or a damage deposit applied to actual losses. The guide also shows how to keep records of communications and receipts, why an initial inspection matters, and what to do if you require an alternative unit or an accommodation agreement.
Rights and landlord obligations when you move in
In New Brunswick, tenants with service animals are protected when the animal is needed for a disability-related purpose. Landlords must consider requests for accommodation and generally cannot refuse a service animal solely because of a building "no pets" rule. If a dispute arises you can apply to the provincial tribunal listed below for a decision about accommodation and damages.[1] The provincial tenancy law governs these cases and explains limits on what a landlord may request.[2]
What landlords can and cannot ask for
- Proof that the animal performs specific tasks related to a disability, where it is directly relevant and not intrusive.
- Information about charges: landlords cannot charge a "pet" deposit for a service animal where the law treats the animal as an accommodation, but they may seek compensation for proven damage.
- Requests for documentation should be limited to what is reasonably necessary; blanket demands for full medical records are not appropriate.
- Landlords can set reasonable rules for care and cleanliness but must not impose requirements that effectively deny accommodation.
Documents to prepare before move-in
- Written statement describing how the animal assists you or the tasks it performs, where relevant and concise.
- Vaccination and veterinary records to address health and safety concerns.
- Identification for the animal (ID card or training organization info) if available.
- Receipts for any agreed damage mitigation or cleaning arrangements you expect to rely on.
Deposits, fees and insurance
Discuss deposits and fees before signing. If a landlord seeks compensation for damage after move-in, they must show actual loss. Tenants should confirm whether damage claims will be deducted from an existing security deposit and keep receipts for any repairs they pay for themselves.
- Ask for a written agreement if the landlord plans to deduct from a security deposit for animal-related damage.
- Keep photos and dated records of the unit condition at move-in and after any incidents.
Move-in inspection and record-keeping
Complete an initial inspection with the landlord and note any pre-existing damage. Use the inspection to confirm cleaning expectations related to the animal and to list agreed repairs or maintenance items. For a step-by-step inspection guide see the Guide to the Initial Rental Property Inspection for Tenants which helps tenants document condition and agree next steps with the landlord.
When a landlord denies accommodation or you face discrimination
If you believe a landlord is denying a lawful accommodation request for a service animal, start by asking for a written reason and providing the documentation described above. If the issue remains unresolved, you may apply to the provincial tribunal or file a complaint under the appropriate human rights process. The tribunal can order accommodations, return of deposits, or compensation where the law supports your claim.[1]
FAQ
- Can a landlord refuse a service animal in New Brunswick?
- No. A landlord generally cannot refuse a service animal when it is required as a disability-related accommodation, though they may ask for reasonable, limited documentation and may seek compensation for proven damage.
- What proof can a landlord reasonably request?
- Landlords can request concise documentation that shows the animal is a service animal and performs tasks related to a disability; they should not require full medical records or overly intrusive details.
- Can a landlord charge a pet deposit or extra rent for a service animal?
- Not normally for a service animal used as an accommodation; landlords may, however, pursue compensation for actual, documented damage after you move out.
How-To
- Gather clear documentation: short written statement, ID for the animal, and relevant veterinary records.
- Tell the landlord about the service animal as soon as possible and offer the documentation in a respectful, written message.
- Do an initial move-in inspection with the landlord and record the unit condition with photos and notes.
- Keep organized records of all communications, receipts, and photos during your tenancy.
- If accommodation is denied, file an application with the provincial tribunal and include copies of your records and correspondence.
Key Takeaways
- Prepare concise documentation to support your need for a service animal before move-in.
- Document unit condition at move-in to avoid disputes about damage later.
- Keep written records of all communications and receipts to strengthen any tribunal claim.
Help and Support / Resources
- Residential Tenancies Tribunal - Service New Brunswick
- Residential tenancy legislation and resources for New Brunswick
- Service New Brunswick - tenant services and forms
