Many renters in New Brunswick worry about damage deposits, how they can be used, and when they must be returned. This guide explains what a damage deposit is, what landlords may legally deduct for, and practical tenant steps you can take before moving in, during the tenancy, and when you vacate. You will learn how to document the unit, request the deposit back in writing, and where to apply if a dispute arises. The article points to official provincial resources and forms so you can follow exact procedures under New Brunswick tenancy law and protect your rights as a tenant.
Damage deposits in New Brunswick
A damage deposit (sometimes called a security deposit) is money a landlord may collect to cover unpaid rent, damage beyond normal wear and tear, or other allowable costs set out in provincial rules. The specific rights and timelines are in New Brunswick legislation and enforced by the Residential Tenancies Tribunal.[1] If you are asked for a deposit, get the amount and the reason in writing and keep a copy of the lease and any receipts.
Before you move in
Do an initial inspection and record the unit's condition. Ask the landlord to note any pre-existing damage on a written move-in inspection report and sign it, or create your own signed checklist and photos. This evidence makes it easier to dispute improper deductions later.
- Take clear dated photos of every room, fixtures, and meters when you move in.
- Keep copies of the lease, receipts for deposits, and any written communication about repairs.
- Ask for a written move-in inspection or complete one with the landlord present when possible.
During the tenancy: maintain records
Pay rent on time and keep records of payments. Report repair needs in writing and keep copies of any repair requests and responses. If pests or habitability concerns arise, follow up in writing and keep a timeline of communications.
- Keep rent receipts and bank or e-transfer records that show payments were made.
- Document repair requests and responses with dates and photos where relevant.
- Use written messages (email or text) when possible so there is a record of requests and replies.
Moving out and the deposit return process
When you give notice and move out, arrange a final inspection and return the keys only after you agree the inspection is complete. Make a written request for the deposit return and include your forwarding address and bank details if you prefer electronic transfer. If the landlord deducts for damage, they must provide an itemized list of deductions and any receipts supporting charges.
Common reasons for lawful deductions
- Unpaid rent or late fees properly charged under the lease.
- Repair costs for damage beyond normal wear and tear with receipts or estimates.
- Cleaning or replacement costs if the unit is left significantly below move-in condition.
Required official forms and where to use them
New Brunswick tenants should familiarize themselves with the official forms used by the Residential Tenancies Tribunal and landlord-tenant offices. Common forms include notices to end a tenancy and the application form to start a dispute with the Tribunal. Use the forms available from the provincial website when you need to request a hearing or respond to a formal notice.[2]
- Notice to End a Tenancy (official notice form) — used by a tenant or landlord to give formal written notice; example: you serve this when you plan to vacate and want a clear end date.
- Application to the Residential Tenancies Tribunal (dispute form) — used to ask the Tribunal to resolve deposit disputes; example: use this when a landlord refuses to return the deposit or provides inadequate details about deductions.
For practical guidance on deposits and how to maximize your chance of a full refund, see Understanding Rental Deposits: What Tenants Need to Know and when preparing to move out review How to Get Your Security Deposit Back with Interest When Moving Out.
To search rentals while you prepare your next move, Find rental homes across Canada on Houseme.
FAQ
- How long should I expect to wait for my damage deposit after moving out?
- Timelines are set by provincial rules and can vary; request the deposit in writing and check the Residential Tenancies Act and Tribunal guidance for exact deadlines in New Brunswick.[1]
- What can a landlord legally deduct from a deposit?
- Landlords may deduct unpaid rent, repair costs for damage beyond normal wear and tear, and other allowable charges if supported by receipts or estimates; ask for an itemized statement.
- What if my landlord refuses to return the deposit or provides no itemized list?
- If you cannot resolve the issue by written request, file an application with the Residential Tenancies Tribunal using the official dispute form and include your evidence and receipts.[2]
How-To
- Document the unit on move-in with photos and a signed checklist.
- Pay rent on time and keep receipts or bank records throughout the tenancy.
- Request a final inspection, return keys, and send a written deposit refund request with your forwarding address.
- If the landlord does not return the deposit or offers unfair deductions, file the official Tribunal application and attach your evidence.
Key Takeaways
- Keep dated photos and all written records from move-in to move-out.
- Request deposit returns in writing and ask for an itemized list of deductions.
- Use official Tribunal forms and follow deadlines if you need to dispute a deduction.
Help and Support / Resources
- Residential Tenancies Tribunal, Government of New Brunswick
- Residential Tenancies Act (New Brunswick)
- Service New Brunswick — Renting and housing services
