Tenant Rights for Damage Accusations: Pets & Smoking in NB

If you’re a tenant in New Brunswick and your landlord says you’re responsible for damage from pets or smoking, it’s important to know your legal rights and what to do next. Understanding the rules can help protect your deposit, avoid unfair charges, and make sure everyone is treated fairly under provincial law.

Understanding Damage Accusations: Pets and Smoking

Damage caused by pets or smoking can be a common dispute between tenants and landlords. Typical allegations include:

• Stained or burned flooring, walls, or fixtures
• Persistent odour or allergens (smoke, pet dander)
• Major scratches, chewing, or other pet destruction

In New Brunswick, tenants are responsible for repairing or paying for any damage beyond "normal wear and tear." However, proving who caused the damage and whether it's excessive is key.

Your Rights Under New Brunswick Residential Tenancies Law

The rights and responsibilities of both landlords and tenants are set by the Residential Tenancies Act (New Brunswick)^[1]. Landlords can only charge or deduct for damage that goes beyond expected use. They must prove the damage was caused by your pet or smoking, not by normal use, previous tenants, or inadequate maintenance.

If accused, you have a chance to respond, explain, and provide evidence—like photos, condition reports, or witness statements.

Rental Deposits and Damage Claims

Landlords will often deduct from your security deposit if they believe there is damage. Learn more about your deposit rights in Understanding Rental Deposits: What Tenants Need to Know.

What Happens If You're Accused?

If your landlord believes you caused damage:

• They must notify you in writing with details of the issues
• You can dispute their claims if you don’t agree
• If it goes to the tribunal, evidence from both sides is reviewed

Inspections and Evidence

Having proper move-in and move-out documentation is crucial. A detailed inspection report, like what's outlined in Guide to the Initial Rental Property Inspection for Tenants, can provide important evidence if there’s disagreement about damage responsibility.

Tip: Always take clear photos at the beginning and end of your tenancy, especially of any existing wear or problems. This will help if accusations arise later.

How the Dispute Process Works

In New Brunswick, rental disputes—including those about pet or smoking damage—are handled by the Residential Tenancies Tribunal. Both landlords and tenants can apply to the Tribunal for a decision if there’s a disagreement about a damage claim or deposit deduction.

• The Tribunal reviews written submissions, photos, inspection reports, and statements
• They determine if charges for damage are fair and if they should be deducted from your deposit

Official Forms and Steps to Take

• Application for Assistance Form (Form 3): Used by tenants to dispute a landlord’s deposit deduction or a claim of damages.
  When to use: If you disagree with a deduction or accusation, complete and submit this form to the Tribunal.
  Download Form 3 (Application for Assistance)
• Move-in/Move-out Inspection Report: Not required by law, but highly recommended evidence.
  When to use: Complete and sign an inspection form with your landlord at move-in and move-out for records.
  Get New Brunswick Inspection Report template

For more details about tenant and landlord duties, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How Tenants Can Protect Themselves

• Always ask for a signed inspection report at move-in and move-out
• Take your own dated photos or videos of the unit’s condition
• Keep written communication with your landlord about any issues
• If you have pets or smoke, follow the lease rules carefully—if prohibited and ignored, this can limit your rights

If you’re searching for a new home with clear rules around pets and smoking, Canada's best rental listings platform makes it easy to find suitable rentals across the country.

To understand more about your protections as a renter, also review Tenant Rights and Landlord Rights in New Brunswick.

FAQ: Tenant Rights in New Brunswick – Pet & Smoking Damage

1. Can my landlord automatically keep my deposit for pet or smoking damage?
   No. Your landlord must provide evidence the damage is beyond normal wear and tear and follow the tribunal process for any deduction.
2. What counts as "normal wear and tear"?
   Routine deterioration from day-to-day living (like faded paint or minor scuffs) is normal and cannot be charged against you.
3. What can I do if my landlord wrongly accuses me of damage?
   Gather your inspection reports, photos, and communication. Submit an Application for Assistance (Form 3) to the Tribunal to challenge unfair claims.
4. Is an inspection report required?
   It’s not mandatory in New Brunswick, but having a signed inspection is highly recommended and can greatly help your case.
5. Can I have pets or smoke if my lease says no?
   If your lease prohibits pets or smoking and you break those rules, it can affect your rights and even result in eviction or financial responsibility for any resulting damage.

Conclusion: Key Takeaways

• You cannot be charged for normal wear and tear; landlords must prove any damage caused by pets or smoking.
• Document your move-in, move-out, and all communications to protect yourself from unfair accusations.
• The Residential Tenancies Tribunal will decide any unresolved disputes based on evidence from both sides.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – official info, forms, and dispute process
• Public Legal Education and Information Service of New Brunswick (PLEIS NB) – tenant guides
• Department of Post-Secondary Education, Training and Labour – rental rights and complaints
• Contact Service New Brunswick Tenancies Tribunal by phone: 1-888-762-8600

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1. Residential Tenancies Act (New Brunswick) – official text

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