How to File Small Claims Suit for Tenant Damage in New Brunswick

Filing a small claims suit for tenant damage in New Brunswick can feel overwhelming, but you can handle it with clear steps, good records and the right forms. This guide explains what counts as tenant damage, how to gather evidence like photos and repair receipts, when to try negotiation or mediation, and when to start a claim in Small Claims Court or the Residential Tenancies Tribunal. It also lists the official forms, timelines, expected costs, and practical examples so you know what to expect. Read on for plain-language steps tailored for renters in New Brunswick who want to recover repair costs or security deposit deductions without unnecessary delay.

Before you file

Start by confirming whether the issue is tenant damage or normal wear and tear. Landlords can only deduct for damage beyond normal wear, and tenants have the right to dispute unfair deductions; see Tenant Rights and Landlord Rights in New Brunswick for an overview of local standards. Documenting condition at move-in and move-out is essential.

• Take time-stamped photos and videos of any damage, including close-ups and wider room shots.
• Keep repair receipts, contractor invoices and estimates showing the cost to fix damage.
• Save the move-in and final inspection reports and any signed checklists from the lease.
• Keep copies of written communication with the landlord about the damage and repair requests.
• Collect tenant statements or witness contact details if others saw the damage occur.

When to file a claim

If negotiation or a demand letter does not resolve the dispute, you can file a claim in Small Claims Court or, where appropriate, bring a matter to the Residential Tenancies Tribunal. Check the monetary limit and eligible remedies for Small Claims in New Brunswick before filing and follow the Tribunal's process for tenancy disputes^[3].How to Get Your Security Deposit Back with Interest When Moving Out

FAQ

Can a landlord sue me for damage they say I caused?

Yes. A landlord can make a claim for repair costs or unpaid rent, but you can defend the claim by showing evidence of normal wear and tear, documented condition reports, or mitigation efforts such as arranging repairs promptly.

How much evidence do I need?

Provide clear photos, dated repair receipts, written communications, and inspection reports. The stronger the documentation showing timing and cost, the better your chances of success.

Should I go to Small Claims Court or the Residential Tenancies Tribunal?

Use the Tribunal for tenancy-specific disputes where it has jurisdiction; use Small Claims Court for monetary claims within the court limit. If unsure, check the Tribunal website and Small Claims filing rules and forms before choosing.^[1][2]

How-To

1. Try negotiation first: send a clear demand letter explaining the damage, cost, and a 10–14 day deadline to respond.
2. Gather evidence: assemble photos, receipts, inspection reports and witness information so everything is organized for filing.
3. Choose where to file: confirm the monetary limit for Small Claims or whether the Residential Tenancies Tribunal handles your issue, then download the correct claim or application form.
4. File the claim: complete the Statement of Claim or Tribunal application, pay the filing fee, and serve the landlord following the official rules; keep proof of service.
5. Prepare for the hearing: organize copies of all evidence, prepare a short timeline of events, and list the outcomes you want (repair cost, deposit return, or refund).

Help and Support / Resources

• Residential Tenancies Tribunal - Government of New Brunswick
• Residential Tenancies Act (New Brunswick) - CanLII
• Small Claims Court information and forms - Courts of New Brunswick

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1. [1] Residential Tenancies Tribunal - Government of New Brunswick
2. [2] Residential Tenancies Act (New Brunswick) - CanLII
3. [3] Small Claims Court information and forms - Courts of New Brunswick