Tenants and renters in New Brunswick often face questions about holding deposits and rental application fees when applying for a new place. This guide explains what these payments commonly cover, when a landlord can ask for money, what records you should keep, and simple steps to request a refund if a booking does not go ahead. It also points to the official tribunal and forms to use if a dispute arises, and offers practical tips for documenting communications, receipts, and photos. Whether you are preparing to apply or contest a withheld deposit, this clear, tenant-focused advice will help you protect your rights in New Brunswick rental situations.
What are holding deposits and application fees?
Holding deposits (also called reservation deposits) are sums a prospective tenant may give to a landlord to hold a rental unit while references or checks are completed. Application fees cover the cost of background or credit checks a landlord may run before approving an applicant. Before you pay, ask for a written receipt and a clear explanation of what the payment secures. For general background on deposits, see Understanding Rental Deposits: What Tenants Need to Know. You can also Find rental homes across Canada on Houseme to compare listings before paying any money.
Are they allowed in New Brunswick?
Whether a landlord may request a holding deposit or application fee depends on provincial rules and the Residential Tenancies Act for New Brunswick[2]. The Residential Tenancies Tribunal handles disputes between tenants and landlords in New Brunswick[1], and there are official forms and guidance you can use if a deposit is withheld[3]. Always confirm the legal status of specific fees with the tribunal or official sources before paying.
How to protect your rights when paying a deposit
- Get a written receipt that shows the deposit amount, date, payer and stated purpose.
- Keep records: save photos of the unit, copies of the listing, text messages, emails and payment receipts.
- Ask for a written reservation agreement that defines when the deposit is refundable and any conditions.
- Agree on and document deadlines (for approval, move-in and refunds) before you hand over money.
- Avoid paying large sums in cash and prefer traceable methods like e-transfer or bank transfer.
How to get a refund or raise a dispute
Start by sending a clear written request to the landlord asking for the refund, including dates, amounts and the reason for the return. If that does not resolve the issue, you can file an application with the Residential Tenancies Tribunal[1]. The tribunal accepts complaints and has forms and guidance on what to include when you apply for a hearing[3]. Practically, gather evidence (receipts, messages, photos), state the outcome you want, and keep copies of every communication.
FAQ
- Can a landlord charge an application fee in New Brunswick?
- Some landlords ask for application fees to cover screening costs, but whether this is allowed and how much is reasonable depends on provincial rules and the Residential Tenancies Act. Check the official tribunal guidance before paying.[2]
- What is the difference between a holding deposit and a security deposit?
- A holding deposit reserves the unit while applications are processed; a security deposit is usually collected at the start of the tenancy to cover damage or unpaid rent during the tenancy. Keep written receipts for either payment.
- How long does a landlord have to return a holding deposit if the application is refused?
- There is no single timeline that applies in every case; the refund deadline should be in writing in your agreement. If the landlord won’t return the deposit, you can apply to the Residential Tenancies Tribunal for a decision.[1]
How-To
- Collect all evidence: receipts, messages, photos of the unit and the original listing.
- Send a written refund request to the landlord within a clear timeframe (for example, within 10 days of the refusal or cancellation) and keep a copy.
- If the landlord does not respond, identify and complete the tribunal application form for residential tenancy disputes.
- Submit the tribunal form with supporting evidence and follow the filing instructions on the official forms page.
- Attend any scheduled hearing or alternative dispute process and present your documented evidence clearly.
Help and Support / Resources
- Contact the Residential Tenancies Tribunal
- Read the Residential Tenancies Act (New Brunswick)
- Forms and guides for tenants (Service New Brunswick)
