Pet Damage Deposits

Are Landlords permitted to charge a pet damage deposit on a tenancy in New Brunswick?

No. Landlords may charge a security deposit up to the equivalent of one month’s rent and not more.  (See establishment of security deposit below)


What if a Landlord was not aware and collected a pet damage deposit?

A landlord may collect a security deposit up to the equivalent of rent.  Any deposit over and above the amount above and beyond this amount must be returned to the tenant.


What if the security deposit collected does not cover all expenses including damages incurred by a pet?

As in any other case, if the security deposit does not cover all costs incurred for damages to a premise, the Landlord may pursue the matter through an alternate legal avenue such as small claims court.


What if my Landlord charged me an amount for a security deposit over and above one month's rent?

Tenants must follow the 5 steps to resolving tenancies issues as outlined on our website.


Establishment of a security deposit

8(3) A security deposit is not to exceed,

(a) in the case of a week to week tenancy, the rent payable for one week’s occupation of the premises, or

(b) in the case of a tenancy other than a week to week tenancy, the rent payable for one month’s occupation of the premises.

Prohibited payments

8(4) No person shall require

(a) under a lease, or

(b) as a condition of

(i) entering into a lease, or

(ii) not terminating a lease,

any other person to pay any amount other than rent, a security deposit or a reasonable amount for any service to be provided in relation to the tenancy, and any agreement under which such a requirement is imposed is void.

Prohibited payments

8(4.1) A landlord or his agent or representative shall not require a tenant to make or accept from a tenant

(a) a prepayment of the last month’s rent;

(b) a single rental payment that is greater than any other regular rental payment required under the tenancy agreement; or

(c) a security deposit in addition to the maximum amount permitted under this Act.

Return of payment

8(4.2) Where an amount of money has been accepted in contravention of subsection (4.1), the landlord or his agent or representative shall return that amount to the tenant forthwith.