Getting Your Deposit Back When Leaving a Rental in New Brunswick

Are you preparing to move out of a rental unit in New Brunswick and want to know how to get your deposit back? Understanding your rights and the process is crucial. Security deposits are an important aspect of renting, and following the correct steps helps ensure you receive a full refund. This guide explains New Brunswick’s rules, required forms, and actionable steps for tenants.

What Is a Security Deposit in New Brunswick?

A security deposit is money you pay a landlord at the start of your tenancy. It helps cover potential damages or unpaid rent. In New Brunswick, these deposits are regulated by the Residential Tenancies Act (New Brunswick).^[1] The Office of the Rentalsman holds the deposit during the tenancy, and the process for returning it is standardized.

To learn more about the basics of rental deposits, check out Understanding Rental Deposits: What Tenants Need to Know.

When Can You Get Your Deposit Back?

Tenants are entitled to a return of their security deposit (plus interest) when they move out, unless the landlord makes a claim for damages, unpaid rent, or cleaning costs. The process is supervised by New Brunswick’s Residential Tenancies Tribunal (the Office of the Rentalsman). For more information or to contact the Tribunal, visit the official Residential Tenancies Tribunal site.

Key Conditions for Refund

• The rental unit is left clean and with no damage (beyond normal wear and tear)
• All rent and utility payments are up to date
• Proper notice has been given to end the tenancy

Allowing for a transparent move-out can avoid disputes and delays in getting your money back. For smooth exits, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

How to Request Your Deposit Back

In New Brunswick, you do not have to apply to get your deposit unless the landlord is making a claim. Here’s how it works:

• Move-Out Inspection: Schedule a final inspection with your landlord to review the condition of the unit.
• Landlord’s Claim: If your landlord wants to keep part (or all) of the deposit, they must submit a claim to the Office of the Rentalsman using Form 11: Application for Disposition of Security Deposit. See the official Form 11 (PDF) for details.
• No Claim: If no claim is made, the deposit (plus interest) will be sent back to you automatically after the end of tenancy.

Timeline for Getting Your Deposit Back

The Tribunal should return your deposit plus interest within 7 business days if there is no landlord claim. If there’s a dispute, the Tribunal will review both sides, using information provided via Form 11. If either party disagrees with the decision, an appeal can be filed within 7 days of the decision.

Forms You May Need

• Form 11: Application for Disposition of Security Deposit
  Use: Landlords use this to claim any part of the deposit. Tenants can respond if a claim is made against their deposit.
  Get Form 11 from the Government of New Brunswick
• Form 7: Notice of Appeal
  Use: If you wish to appeal the Rentalsman’s decision regarding your deposit, complete and submit Form 7.
  Download Form 7 (PDF)

Example: If your landlord claims the deposit for cleaning costs you disagree with, you will receive notice and may contest this through the process laid out by the Office of the Rentalsman.

Inspections and Documentation

It’s recommended to do a thorough move-out inspection and take clear photos of the property’s condition. For more on preparing for inspections, see The Final Inspection: What Tenants Need to Know Before Moving Out.

Common Reasons for Deposit Deductions

• Unpaid rent at the time of moving out
• Damages beyond normal wear and tear (holes, stains, broken fixtures)
• Outstanding utility bills if tenant is responsible
• Cleaning costs (if unit is left excessively dirty)

If any deductions are being claimed, the landlord must provide supporting evidence, such as photos or receipts, and follow the official process. You have the right to dispute a landlord's claim if you do not agree.

Step-by-Step: Ensuring Your Deposit Return

• Give proper written notice according to your lease and the law
• Clean and repair the rental unit (except for reasonable wear and tear)
• Attend the move-out inspection and document the property’s condition
• Return all keys and access cards as required
• Confirm your forwarding address with the landlord and the Office of the Rentalsman

Staying organized and proactive improves your chances of a full deposit refund.

Know Your Rights as a Tenant

Every tenant and landlord in New Brunswick must follow the Residential Tenancies Act. For a detailed summary of these rights and responsibilities, visit Tenant Rights and Landlord Rights in New Brunswick.

For more information about the entire deposit lifecycle, see How to Get Your Security Deposit Back with Interest When Moving Out.

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Frequently Asked Questions

1. How long does it take to get my deposit back after moving out in New Brunswick?
   Generally, the Office of the Rentalsman returns your deposit plus interest within 7 business days if there’s no landlord claim.
2. Can my landlord keep my deposit for normal wear and tear?
   No, landlords may only make deductions for damages beyond normal wear and tear, unpaid rent, or cleaning costs not due to normal use.
3. What if my landlord makes a claim against my deposit and I disagree?
   If you disagree, you can respond to the claim or appeal the Rentalsman’s decision using Form 7 within 7 days of receiving the decision.
4. Do I need to apply to get my security deposit back in New Brunswick?
   No, the deposit is automatically refunded unless your landlord has submitted a formal claim with evidence.
5. Who holds my deposit during the tenancy?
   The Office of the Rentalsman (New Brunswick’s Residential Tenancies Tribunal) holds your deposit in trust until your tenancy ends.

Summary

• Follow official procedures and timelines to ensure return of your deposit
• Document everything during move-out to protect your interests
• Know your rights and how to dispute claims if needed

Being proactive and organized helps safeguard your deposit and simplifies the move-out process.

Need Help? Resources for Tenants

• Office of the Rentalsman (Residential Tenancies Tribunal)
• New Brunswick Tenant Relations Services
• Public Legal Education and Information Service of New Brunswick
• For legal information and support, see Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act (New Brunswick)
2. Official Residential Tenancies Tribunal (Office of the Rentalsman)
3. Form 11: Application for Disposition of Security Deposit
4. Form 7: Notice of Appeal

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