Tenants in New Brunswick often ask how long a landlord can legally hold a security deposit and when they should expect a refund. This clear guide explains the rules for rental deposits under New Brunswick tenancy law, what landlords may deduct, the timelines for returning money, and the steps renters can take if a refund is delayed or disputed. It covers practical actions—documenting the condition of the unit, saving receipts, asking for an itemized deduction, and applying to the Residential Tenancies Tribunal—so you know how to protect your money and your rights as a renter. Read on for forms, deadlines, and useful next steps.
What New Brunswick law says about deposits
In New Brunswick, deposit rules are set by provincial tenancy legislation and enforced through the Residential Tenancies Tribunal. Tenants should consult the official Act and Tribunal information before and after paying a deposit to understand timelines, interest, and dispute procedures[1][2]. Landlords normally must hold a deposit for the duration of the tenancy and provide details of any deductions when returning money.
How long can a landlord keep a deposit?
There is no benefit to a landlord holding a deposit longer than necessary. After a tenancy ends, landlords should begin the accounting and refund process promptly. If deductions are claimed, landlords must provide an itemized statement showing amounts and reasons. If you do not receive your deposit or an explanation within a reasonable time, you can request a refund in writing and, if that fails, apply to the Tribunal for a decision.
Common timelines and expectations
- Within days: Ask your landlord in writing for an itemized statement and the refund as soon as you vacate.
- If you receive a deduction notice, review any supporting invoices or receipts the landlord provides.
- Keep records: photos, dated move-in and move-out inventories, receipts for repairs you paid, and copies of letters or emails.
What deductions are allowed?
Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and other costs directly related to the tenancy if supported by receipts or invoices. Routine cleaning that returns the unit to the condition it was in at move in is usually the tenant's responsibility; major damage is not. If you disagree with deductions, ask for an itemized bill and copies of receipts, then follow the dispute steps below.
How to get your deposit back (practical steps)
- Send a written request for the deposit and any itemized deductions to your landlord, keep a copy, and note the date you sent it.
- Gather evidence: photos, inventory checklists, rent receipts, and any repair invoices to support your case.
- Wait the reasonable response period described in the Act or the Tribunal guidance; if the landlord does not respond, prepare an application to the Tribunal.
- File an application with the Residential Tenancies Tribunal and attach your evidence; attend any hearing and present your records.
Forms you may need
- Application to the Residential Tenancies Tribunal — Use this form when a landlord will not return your deposit or you dispute deductions. Example: you moved out, landlord deducted for alleged damage without receipts, you submit this application with photos and a copy of your written refund request.
- Response form or evidence submission — Landlords and tenants can use Tribunal evidence submission forms to upload receipts, photos, and inventories. Example: attach before-and-after photos and a checklist to counter a claim for excessive damage.
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FAQ
- How soon should I ask for my deposit back after I move out?
- Ask immediately in writing and provide a forwarding address; if you do not receive a response within a reasonable time, consider applying to the Tribunal.
- Can a landlord keep my deposit for normal wear and tear?
- No. Deposits should not be used to cover normal wear and tear; deductions must be for damage or unpaid rent with supporting receipts.
- What if my landlord sells the unit—who holds my deposit?
- The landlord remains responsible for returning the deposit or transferring it properly and notifying you; keep records and contact the Tribunal if the deposit is lost.
How-To
- Gather and organize your evidence: photos, inventories, receipts, and written requests.
- Send a clear written demand to your landlord asking for the deposit and any itemized deductions.
- If the landlord does not respond within the expected timeframe, complete the Tribunal application form and attach your documents.
- Attend any hearing or teleconference, present your evidence, and follow the Tribunal's decision; if you win, the Tribunal can order a refund.
Key Takeaways
- Document the unit condition at move in and move out to protect your deposit.
- Ask for an itemized statement for any deductions and request receipts.
- If a refund is delayed or disputed, apply to the Residential Tenancies Tribunal with evidence.
Help and Support / Resources
- Residential Tenancies Tribunal hearing and application information
- Residential Tenancies Act and tenant information — Government of New Brunswick
