Can Landlords Deduct for Normal Wear and Tear in New Brunswick?

Renters in New Brunswick often worry whether landlords can use security deposits or final rent to cover normal wear and tear. This article explains what courts and the Residential Tenancies Tribunal typically consider normal wear and tear versus tenant damage, how deductions from deposits are regulated in New Brunswick, and what steps tenants can take to dispute improper charges. You’ll find clear examples, practical tips for documenting condition at move-in and move-out, and instructions on using official forms and filing a dispute. If you’re preparing to move, contesting a deduction, or simply want to protect your deposit, the guidance below is written for tenants without legal training and focuses on the rules that apply in New Brunswick.

What counts as normal wear and tear?

Everyday aging is expected. Landlords in New Brunswick cannot deduct from your security deposit for normal deterioration like fading paint, minor scuffs, or gradual carpet wear. Deposit deductions are for damage beyond ordinary use, such as large holes, broken appliances caused by negligence, or deliberate misuse. When you disagree with a deduction, you can ask for an itemized list of repairs and receipts and challenge charges you believe reflect normal use rather than damage.

Examples: normal wear versus chargeable damage

• Deposit deductions cannot be taken for routine aging like faded paint or light carpet wear.
• Charges can apply for repairs beyond normal wear such as holes, broken windows, or plumbing damage that require work.
• Excessive stains, pet damage, or deliberate damage found at move out may justify deductions.

How New Brunswick law treats wear and tear

The Residential Tenancies Act sets the framework and explains what landlords may charge. ^[1] The Residential Tenancies Tribunal resolves disputes if you cannot agree with your landlord. ^[2] Keep in mind that small, gradual changes from normal use are treated differently than damage that requires repair or replacement.

How to protect your deposit and dispute deductions

Before you move in, take time-stamped photos and keep a copy of the move-in inspection. When moving out, clean, repair any accidental damage you caused, and get the final inspection in writing. If your landlord keeps money from your deposit, ask for an itemized accounting and receipts. You can use official forms to file a dispute with the tribunal if needed. For more on deposits, see Understanding Rental Deposits: What Tenants Need to Know and when preparing to leave see How to Get Your Security Deposit Back with Interest When Moving Out. If you are searching for a new place, Find rental homes across Canada on Houseme.

FAQ

Can a landlord deduct for normal wear and tear in New Brunswick?

No. Landlords may not deduct for normal wear and tear; deductions must be for damage beyond ordinary use.

What types of damage can lead to a deduction?

Chargeable damage includes large holes, broken fixtures, appliance damage from misuse, and excessive stains or pet damage.

How do I challenge a deduction from my deposit?

Ask for an itemized list, gather photos and receipts, try to resolve with the landlord, and file a dispute with the Residential Tenancies Tribunal if needed.

How-To

1. Gather evidence: dated photos, move-in inspection report, receipts for maintenance or repairs.
2. Contact your landlord in writing asking for an itemized accounting and any repair receipts within a reasonable time.
3. Complete the tribunal application form and attach your evidence.
4. Submit the form by the tribunal deadline and keep proof of delivery.
5. Attend the hearing with your documents and a clear, calm explanation of why charges are unfair.

Help and Support / Resources

• Residential Tenancies Act — Government of New Brunswick
• Residential Tenancies Tribunal — Service New Brunswick
• Renting a Home — Government of New Brunswick

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1. [1] Residential Tenancies Act — Government of New Brunswick
2. [2] Residential Tenancies Tribunal — Service New Brunswick