Emotional Support Animals in Newfoundland and Labrador Rentals
Wondering if you're allowed to have an emotional support animal (ESA) in your Newfoundland and Labrador rental? For many tenants, an ESA is essential for managing mental health. But rules around ESAs and rentals can be confusing. Here's what tenants in Newfoundland and Labrador need to know about emotional support animals, your rights, and the legal process.
Understanding Emotional Support Animals in Newfoundland and Labrador
Emotional support animals (ESAs) provide comfort and support but are not the same as service animals, such as guide dogs for the visually impaired. In Canada, rules about ESAs in rental housing vary by province. In Newfoundland and Labrador, tenants' rights related to ESAs are covered under the Residential Tenancies Act (RTA) and relevant human rights legislation.[1]
Key Differences: Service Animals vs. Emotional Support Animals
- Service animals are specifically trained to assist with a disability and are protected by law across Canada.
- Emotional support animals are not required to have special training but provide comfort to their owners.
While service animals are given explicit protection under the Human Rights Act, 2010, ESAs are only considered a protected accommodation if supported by medical documentation for a recognized mental health disability.[2]
Are No-Pet Clauses Enforceable with Emotional Support Animals?
Landlords in Newfoundland and Labrador can include "no-pet" clauses in rental agreements. However, if a tenant needs an ESA as a disability accommodation, there may be exceptions based on human rights protections. This means landlords generally cannot refuse an ESA where it's medically necessary and properly documented.
Your landlord may ask for reasonable proof of your need for an ESA, usually a letter from a regulated healthcare professional.
What Legal Protections Apply?
- The Newfoundland and Labrador Human Rights Act, 2010: Prohibits discrimination based on disability. If your need for an ESA relates to a disability, you may have the right to keep your ESA as a reasonable accommodation.[2]
- The Residential Tenancies Act (RTA): Covers rules about rental agreements and disputes. "No pets" clauses may be set aside for disability-related needs, but you must be able to demonstrate your requirement.[1]
Getting an Emotional Support Animal Approved: What Tenants Should Do
To have your emotional support animal recognized in a "no-pet" rental:
- Obtain a letter from a licensed healthcare professional explaining your need for the ESA due to a disability.
- Provide your landlord with the letter, requesting reasonable accommodation for your ESA.
- If the landlord refuses without valid reasons (such as health and safety risks), you can file a complaint with the Newfoundland and Labrador Human Rights Commission or apply to the Residential Tenancies Office for dispute resolution.[3]
Generally, ESAs must not cause property damage or disturbance to other residents. If your ESA creates safety or health issues (such as allergies for other tenants or unsanitary conditions), a landlord may have the right to refuse.
Official Forms and How to Use Them
- Form C – Tenant Application (Residential Tenancies):
View Form C: Tenant Application (PDF)
When to use: If your landlord refuses your ESA accommodation, complete and submit Form C to the Residential Tenancies Office to request a hearing. For example, if your doctor confirms you need an ESA and your landlord issues an eviction notice for keeping the animal, use this form to appeal.
Practical Tenant Example
Sara, who lives with anxiety, gets written support from her doctor for an ESA and provides it to her landlord. If the landlord refuses outright or threatens eviction, she should file a complaint with the Human Rights Commission and/or submit Form C to the Residential Tenancies Office for a hearing.
Tip: Always keep copies of all medical documents, correspondence, and forms submitted, in case you need to reference them during a dispute.
Tenant and Landlord Obligations
Newfoundland and Labrador’s rental legislation requires both parties to follow the law when it comes to accommodation and rental terms. To understand your general rights and duties beyond ESAs, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
To learn more about landlord-tenant rights in Newfoundland and Labrador, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.
If you’re searching for pet-friendly or accessible homes, Search pet-friendly rentals on Houseme.ca to browse listings across the province.
FAQ: Emotional Support Animals and Tenancy Law
- Can my landlord deny an emotional support animal if there is a no-pet policy?
In most cases, if your ESA is verified as a disability accommodation, the landlord must permit it unless there are serious health, safety, or property concerns. - Do I need an official certificate or license for my ESA?
No, but you must have a letter from a qualified healthcare provider specifying your need for the animal related to your disability. - Can I be evicted for having an ESA?
Not if your ESA is a reasonable accommodation for a disability and you have the proper paperwork. However, you may be at risk if your animal causes damage, disturbances, or health problems for others. - What if my landlord still refuses after seeing my accommodation letter?
You can file a complaint with the Newfoundland and Labrador Human Rights Commission or apply to the Residential Tenancies Office using Form C. - Are there any breed or size restrictions on ESAs?
Restrictions are generally not allowed unless the animal poses a real safety concern. Reasonable accommodation applies, but all animals must be well-behaved and under control.
Conclusion: Key Takeaways for Tenants
- Tenants in Newfoundland and Labrador may be allowed to keep ESAs as a disability accommodation, even in no-pet rentals.
- You’ll need medical documentation and may have to submit an application or complaint if refused.
- Both landlord and tenant rights are protected by the Residential Tenancies Act and Human Rights Act.
Remember, following the legal process and keeping thorough documentation strengthens your position when requesting an ESA accommodation.
Need Help? Resources for Tenants
- Residential Tenancies Office NL – Information & Tenant Applications
- Newfoundland and Labrador Human Rights Commission – Human Rights Complaints
- Residential Tenancies Act, NL – Legislation Text
- Tenant Rights and Landlord Rights in Newfoundland and Labrador
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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