Being a renter with a service animal in New Brunswick can raise questions about who pays for damage and what insurance covers. This guide explains how damage claims work, when landlords can seek compensation, and what tenants should know about liability, insurance coverage, and reasonable accommodation rules. It covers practical steps to document incidents, how to respond to a landlord’s claim, and the official forms and tribunal process if a dispute goes to the Residential Tenancies Tribunal. Whether you use a guide dog, psychiatric service animal, or another support animal, this article helps you protect your rights, understand obligations, and prepare evidence that supports your case.
Service animals and tenant responsibilities
Under New Brunswick tenancy rules, tenants with service animals have the same obligation as other tenants to avoid causing damage beyond normal wear and tear. Landlords must generally allow service animals as a reasonable accommodation for disability, but they can seek compensation for specific, provable damage. Start by reading the applicable legislation and the Residential Tenancies Tribunal guidance to know how disputes are handled.[1]
When can a landlord make a damage claim?
Landlords may pursue damages when the cost to repair or clean exceeds normal wear and tear, or when the behaviour of an animal causes structural or persistent contamination (for example, chewed doors, stained carpets that cannot be cleaned, or pest problems linked to the animal). A landlord must show evidence of the condition before the tenancy ended and the condition after, and relate the difference to the tenant’s animal or behaviour.
- Damage that requires repair beyond normal wear and tear, such as torn doors or chewed fixtures.
- Stains, strong odours, or bodily fluids that need professional cleaning or replacement.
- Costs associated with pest control if pests can be linked to the animal or its care items.
Insurance and liability: what tenants should know
Tenant insurance (also called renters insurance) often includes third-party liability for damage caused to the rental unit or neighbouring units. Tenants should check whether their policy specifically covers damage caused by a service animal, and whether there are exclusions for certain types of animals or behaviours. If you do not have tenant insurance, you may still be liable for damage out of pocket, so consider obtaining a policy that covers both contents and liability.
Practical insurance steps
- Get a written confirmation from your insurer about coverage details and keep it with your tenancy records.
- Ask whether premiums or deductibles apply if you make a claim related to animal damage.
- Request a written estimate from a repair or cleaning professional to submit with any claim or dispute.
Documenting damage and responding to a claim
Good documentation is the strongest protection. When an incident occurs or when you move out, take dated photos and videos, keep receipts for cleaning or vet visits, and save any written notices from the landlord. If the landlord notifies you of damage or a claim, respond in writing and request an itemized invoice or receipts for repairs. If you disagree, you can file an application with the Residential Tenancies Tribunal — include your photos, receipts, and correspondence as evidence.[1]
Filing forms and the tribunal process
If you cannot resolve the issue directly with the landlord, the next step is to file the appropriate tribunal form. The main official form is the Residential Tenancies Tribunal application form; tenants use it to ask the tribunal to decide on claims including damage, deductions from deposits, or unpaid rent. For example, if a landlord deducts repair costs from your rental deposit and you dispute the amount, you would file an application asking the tribunal to review the claim and order a refund if appropriate.[2]
What to include in an application
- Clear description of the dispute and what you are asking the tribunal to do.
- Copies of photos, videos, receipts, cleaning or repair estimates, and written notices exchanged with the landlord.
- Dates showing when the damage happened, when you reported it, and any deadlines or timelines you were given.
Reasonable accommodation and disability considerations
Service animals are generally treated as a disability-related accommodation. Landlords cannot refuse a service animal solely because of a no-pet rule, but accommodations do not remove a tenant’s responsibility to prevent damage. If a landlord alleges damage caused by a service animal, the tribunal will balance the tenant’s need for accommodation with the landlord’s right to reasonable protection of their property.
When looking for a new rental, consider resources that list pet-friendly or service-animal friendly units; you can also use online platforms to filter options easily.
Search pet-friendly rentals on Houseme.ca
FAQ
- Can a landlord charge me for damage caused by my service animal?
- Yes. A landlord can seek compensation for proven damage beyond normal wear and tear, but cannot use a service animal request as the sole reason to refuse tenancy.
- Should I buy tenant insurance if I have a service animal?
- Yes. Tenant insurance can cover liability for damage caused by your service animal and protect your personal belongings.
- How do I dispute a damage claim from my landlord?
- Gather photos, receipts, and communications, then file an application with the Residential Tenancies Tribunal and attach your evidence.
How-To
- Document the condition: take time-stamped photos or videos and keep receipts for cleaning or repairs.
- Respond in writing to any landlord claim and request itemized invoices for the alleged damage.
- Contact your insurer to check coverage and ask for written confirmation of whether the claim is covered.
- File the Residential Tenancies Tribunal application form with supporting evidence if you cannot reach an agreement.[2]
Help and Support / Resources
- Residential Tenancies Tribunal, Government of New Brunswick
- Residential Tenancies Act (New Brunswick)
- Residential Tenancies Tribunal forms and guides
