Being a tenant in New Brunswick can mean dealing with damage deposit deductions when you move out. This guide explains how to review deductions, gather evidence, and follow the provincial process to challenge charges you believe are unfair. You will learn what counts as normal wear and tear, what types of repairs a landlord may legally deduct, and how to document the unit at move-in and move-out. Clear timelines, the right forms to file with the Residential Tenancies Tribunal, and practical tips for preparing for a hearing are included. By staying organized and acting promptly you increase your chance of recovering part or all of your deposit.
What can a landlord legally deduct?
Landlords may deduct reasonable costs for repairs that go beyond ordinary wear and tear. Routine cleaning or minor scuffs are usually considered wear and tear while large stains, broken windows, or missing fixtures can be legitimate deductions. Review your lease, receipts for repairs, and any move-in inspection report.
Documenting the unit: move-in and move-out
Start with a clear move-in inspection: take time-stamped photos, note existing damage, and ask your landlord to sign a checklist or initial the report. When you move out, repeat the process and keep all receipts for professional cleaning or repairs you paid for.
- Keep dated photos and videos from move-in and move-out.
- Save receipts for cleaning, repairs and any agreed work.
- Keep a copy of the signed lease and any inspection checklists.
Communicating about deductions
Ask your landlord for an itemized list of deductions and a copy of any invoices they used to calculate charges. If you disagree, send a clear written response explaining why you dispute each item and include copies of your evidence.
When to file with the Residential Tenancies Tribunal
If you cannot reach an agreement, you can file an application with the Residential Tenancies Tribunal for New Brunswick. The Tribunal resolves disputes about deposits, unpaid rent, and other tenancy issues under provincial legislation [1] and accepts applications following set timelines and fees. See the Tribunal for how to file and what evidence to bring [2].
Common forms and when to use them
- Application to the Residential Tenancies Tribunal — use this to ask the Tribunal to decide a dispute when negotiation fails [3].
- Move-in inspection checklist — use at the start of the tenancy to record condition and avoid later disagreements.
FAQ
- How long does a landlord have to return a damage deposit?
- Timelines vary by province; in New Brunswick you should ask your landlord in writing and consult the Residential Tenancies Tribunal for the exact statutory deadline [2].
- What counts as normal wear and tear?
- Normal wear and tear includes gradual fading of paint, minor scuffs, and small nail holes from pictures. Major damage from neglect or misuse is not normal wear and tear.
- Can I challenge a landlord who won’t provide receipts for deductions?
- Yes. Ask in writing for invoices and receipts. If the landlord cannot provide them, the Tribunal may refuse unsupported deductions.
- Do I need a lawyer to file with the Tribunal?
- No. Tenants can represent themselves at the Residential Tenancies Tribunal, and the process is designed to be accessible without formal legal representation.
How-To
- Collect and organize evidence: photos, videos, receipts, inspection reports and the lease.
- Compare move-in and move-out records, and note items you dispute.
- Request an itemized deduction list from your landlord and send a written dispute with copies of your evidence.
- If unresolved, file the Application to the Residential Tenancies Tribunal and pay any required fee.
- Prepare for the hearing: bring originals, timelines, and a short chronology of events to present clearly.
Key Takeaways
- Document the unit at move-in and move-out to protect your deposit.
- Ask for an itemized list and receipts before escalating a dispute.
- Use the Residential Tenancies Tribunal when negotiation fails and follow deadlines closely.
Help and Support / Resources
- Residential Tenancies Act (New Brunswick)
- Residential Tenancies Tribunal (Service New Brunswick)
- Official Tribunal forms and filing instructions
