Being a renter in New Brunswick often means understanding how guarantors and security deposits protect landlords while affecting tenants rights. This guide explains what a guarantor does, how security deposits are collected and held, the timelines for refunds, and common reasons a landlord may legally keep part of a deposit. Youll also find practical steps to document the property condition, request return of your deposit, and apply to the Residential Tenancies Tribunal if needed. Simple examples and required forms are listed so you can act clearly and confidently when moving in or leaving a rental home in New Brunswick.
How guarantors work
A guarantor promises the landlord they will cover unpaid rent or damages if the tenant cannot pay. Guarantor agreements are legally binding written promises; they usually require a signature and clear terms about what the guarantor is responsible for. Before agreeing, guarantors should review the rental agreement, know the length of responsibility, and ask whether the guarantors obligation ends if a lease is renewed or replaced. If you need to find a place and consider guarantor options, Find rental homes across Canada on Houseme to understand listings and typical requirements.
Security deposit rules in New Brunswick
Security deposits are money held by the landlord to cover unpaid rent, deliberate damage, or other breaches of the lease. Tenants should get a written receipt when they pay a deposit and confirm how the deposit will be held and returned. Common reasons a landlord may keep part of a deposit include unpaid rent and damage beyond normal wear and tear; normal cleaning required for everyday use is usually not a valid reason to withhold the entire deposit. For final decisions, the Residential Tenancies Tribunal handles disputes.[1]
What to check when you pay a deposit
- Confirm the exact amount and get a dated receipt for the deposit.
- Ask how the deposit will be held and whether it accrues interest under provincial rules.
- Request written terms showing when deductions are permitted and how the final accounting will be delivered.
Keeping records and preparing for disputes
Good documentation makes deposit disputes faster to resolve. Keep a file with the lease, payment receipts, dated photos or video of the unit, messages or emails with the landlord, and any repair requests. If the landlord withholds part of your deposit, ask for an itemized list of deductions in writing and keep that as evidence.
FAQ
- Can a guarantor be forced to pay the tenants full unpaid rent?
- A guarantor may be required to pay up to the limit set in the guarantor agreement or the lease; the exact obligation depends on the wording of that agreement and applicable provincial rules.
- How long after moving out must a landlord return a security deposit?
- Timelines can vary; the Residential Tenancies Tribunal and provincial legislation set specific deadlines, so check the law and the Tribunals guidance before taking action.[2]
- What if a landlord claims damage that I dispute?
- Request an itemized list of deductions, provide your photos or evidence, try to negotiate in writing, and if unresolved, file an application with the Residential Tenancies Tribunal.[1]
How-To
- Gather documents and evidence, including the lease, deposit receipt, dated photos, and any written communication with the landlord.
- Contact the landlord in writing to request an itemized explanation for any deposit deductions and keep a copy of your message.
- File an application with the Residential Tenancies Tribunal if negotiation fails; include copies of your evidence and the landlords responses.[3]
- Attend the hearing prepared to present your photos, receipts, and any witness statements.
- If the Tribunal orders a refund, follow its directions for collection or enforcement and keep all documents confirming payment.
Key Takeaways
- Always get a dated receipt and take move-in photos to protect your deposit.
- Try written negotiation first, then file with the Residential Tenancies Tribunal if needed.
- Guarantors should read agreements carefully before signing and understand the financial risks.
Help and Support / Resources
- Residential Tenancies Tribunal - Service New Brunswick
- Residential Tenancies Act and legislation - Government of New Brunswick
- Application forms and filing instructions - Residential Tenancies Tribunal
- [1] Residential Tenancies Tribunal - Service New Brunswick
- [2] Residential Tenancies Act and legislation - Government of New Brunswick
- [3] Application forms and filing instructions - Residential Tenancies Tribunal
Related reading
For more on deposit handling and moving out check 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.
