Tenant Rights for Pet and Smoking Damage Claims in NL

As a renter in Newfoundland and Labrador, being accused of damages related to pets or smoking can be stressful and confusing. It's important to understand your rights, your landlord’s responsibilities, and the process landlords must follow before claiming compensation. This article explains the rules under local laws, what to expect if accused, and how to protect your interests as a tenant.

What Counts as Damage from Pets or Smoking?

Damage from pets or smoking is any physical harm caused beyond normal wear and tear. For example:

• Stains, deep scratches, or odours from pets
• Burn marks, lingering smoke odours, or nicotine stains
• Damage to carpets, floors, walls, or doors by animals

Normal wear, like small scuffs or minor paint fading, isn't considered damage. Landlords must show proof to support claims for compensation.

Your Rights Under Newfoundland and Labrador Law

In Newfoundland and Labrador, tenant and landlord rights are governed by the Residential Tenancies Act, 2018¹. Landlords can set reasonable rules about pets and smoking in your rental agreement, but must follow legal procedures if claiming damage.

If you're interested in learning about related rights and issues, see Tenant Rights and Landlord Rights in Newfoundland and Labrador for a province-wide overview.

Proving Responsibility: The Landlord’s Obligations

When a landlord claims damages, they must demonstrate:

• The damage exists and exceeds normal wear and tear
• It was caused by the tenant, pets, or smoking
• Repair costs are reasonable and necessary

Tenants can dispute claims they feel are unfair or unproven.

Security Deposits and Damage Claims

Landlords may use the security deposit (or part of it) to cover proven damages beyond reasonable wear. If damages are disputed, the matter can go before the provincial Residential Tenancies Office (RTO).

For more information about deposits, read Understanding Rental Deposits: What Tenants Need to Know.

The Inspection Process and Documentation

Inspections help both landlords and tenants document the condition of the property:

• Initial Inspection: Document the unit’s condition when you move in. Take photos, and note any pre-existing issues.
• Move-out Inspection: Compare the property’s condition at move-out to the original state.

Having a clear record can help resolve disputes over damage claims. See our Guide to the Initial Rental Property Inspection for Tenants for full details.

What to Do if You’re Accused of Damage

If your landlord alleges damage from pets or smoking:

• Ask for specific details and photos or invoices as proof.
• Check your own inspection report and photos from move-in.
• Discuss the issue directly with your landlord—sometimes disagreements can be resolved informally.
• If you disagree, you have the right to dispute a deduction from your deposit or contest a claim at the Residential Tenancies Office (RTO).

If the dispute cannot be resolved, the landlord must apply to the RTO. You will have the chance to respond.

Important Forms and How to Use Them

• Application for Dispute Resolution (Form 6): Used by tenants or landlords to ask the Residential Tenancies Office to resolve deposit or damage disputes. For example, if you believe a claim for pet or smoking damage is unfair, you would submit this form. Download from the Government of Newfoundland and Labrador (PDF).
• Notice to Tenant of Claim Against Security Deposit (Form 13): If your landlord intends to keep part or all of your deposit for damages, you should receive this form listing the exact reasons. Review carefully, and respond promptly if you disagree. Download from the Government of Newfoundland and Labrador (PDF).

Landlord and Tenant Obligations

Both landlords and tenants have responsibilities regarding care for the property and fair resolution of disputes. If you'd like a deeper understanding, you can review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Resolving Damage Disputes Through the Residential Tenancies Office

All unresolved claims are handled by the Residential Tenancies Office (RTO). This tribunal makes binding decisions based on the Residential Tenancies Act, 2018.

You do not need a lawyer to file an application. Hearings can be in person, by phone, or by written submission.

Tips to Avoid Damage Disputes

• Read your lease carefully for rules about pets and smoking
• Request move-in and move-out inspections in writing
• Communicate promptly if damage occurs to avoid misunderstandings

For those planning to move, a detailed inspection and good documentation help ensure you get your deposit back.

Looking for more places to rent in NL or across the country? Find rental homes across Canada on Houseme – search by city, budget, and pet-friendliness options!

Frequently Asked Questions

1. Can my landlord keep my entire deposit for damages caused by my pet?
   Only if the landlord proves the damage exceeds normal wear and tear, and the cost to repair justifies withholding the deposit. You can challenge the amount through the Residential Tenancies Office.
2. What steps should I take if I disagree with a damage claim?
   Gather your evidence (photos, inspections, receipts), communicate with your landlord, and, if needed, file an Application for Dispute Resolution (Form 6).
3. Do I have to allow my landlord to do an inspection when I move out?
   Yes, landlords have the right to inspect the unit at the end of tenancy. You should be present to ensure accuracy and fairness.
4. Can a landlord ban pets or smoking after I move in?
   Generally, landlords can't change pet or smoking rules mid-tenancy unless it's with your agreement or under special circumstances defined in the lease and law.

Key Takeaways

• Landlords must provide evidence for damage claims related to pets or smoking, and tenants can dispute these claims.
• Security deposits can only be used for proven damages beyond normal wear and tear.
• Use official forms and keep thorough documentation to protect your rights.

Need Help? Resources for Tenants

• Residential Tenancies Office of Newfoundland and Labrador: Provincial tribunal for rent, damage, and deposit disputes.
• Government of Newfoundland and Labrador – Tenant Resources: Official forms, guides, and contact information.
• For quick answers and legal support, contact the NL Tenant Support Network or provincial legal aid.
• Learn more about your rights: Tenant Rights and Landlord Rights in Newfoundland and Labrador

---

1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Residential Tenancies Office – Official Tribunal
3. Form 6: Application for Dispute Resolution (PDF)
4. Form 13: Notice to Tenant of Claim Against Security Deposit (PDF)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy