Recovering Your Rental Deposit in New Brunswick: Tenant Guide

Navigating the deposit return process in New Brunswick can feel stressful, especially after a move. The good news—New Brunswick’s rules protect tenants' rights to recover their rental deposits as long as certain conditions are met. This guide covers how you can ensure your deposit is returned, which forms you need to use, and what steps to take if you experience delays or disputes with your landlord.

Understanding Security Deposits in New Brunswick

When renting in New Brunswick, landlords are entitled to collect a security deposit, also known as a damage deposit. This deposit is held to cover potential unpaid rent, damages (beyond normal wear and tear), or other lease violations. The Residential Tenancies Tribunal administers all issues related to deposits.

For more background, see Understanding Rental Deposits: What Tenants Need to Know.

Deposit Limits and Key Rules

• Landlords may collect up to one month’s rent as a deposit.
• Deposits must be submitted to the Residential Tenancies Tribunal, not kept by the landlord.
• At the end of the tenancy, the Tribunal releases the deposit, with accrued interest, to the tenant unless a legitimate claim is made.

In New Brunswick, all relevant rules are found in the Residential Tenancies Act.^[1]

Steps to Recover Your Deposit After Moving Out

Here's a summary and step-by-step guide to help ensure a smooth, successful deposit recovery:

1. Provide Proper Notice and End Your Tenancy Correctly

• Give written notice as required by the Residential Tenancies Act—usually 1 month for a month-to-month lease, or as contractually specified.
• Review your rental agreement and check out How to Properly End Your Rental Agreement as a Tenant for more details.

2. Complete a Final Inspection

• Arrange an inspection with your landlord after you've removed all personal belongings.
• The inspection helps confirm there’s no significant damage or cleaning required beyond normal wear and tear.
• Document the rental’s condition (photos, forms).
• See The Final Inspection: What Tenants Need to Know Before Moving Out for tips.

3. Apply for the Deposit Return

Once your tenancy ends and you’ve moved out, you (or your landlord) can apply to have the security deposit returned. Tenants should:

• Submit a completed Form 3: Application for Return of Security Deposit to the Residential Tenancies Tribunal.
• Download and complete the form from the Tribunal’s official website.
• Provide your forwarding address and contact details for speedy processing.

4. How the Tribunal Handles the Deposit

• If there are no disputes, the Tribunal will issue the deposit (plus interest) to you.
• If the landlord files a claim (for unpaid rent or damages), the Tribunal will hold the funds and investigate.
• You have the opportunity to challenge any disputed claim in writing before the Tribunal makes a decision.

What To Do If There’s a Dispute or Delay

If you believe your landlord’s claim is unfair (e.g., for normal wear and tear), you can contest it directly with the Tribunal. All communication should be prompt, clear, and contain supporting evidence—like move-out inspection notes and photographs.

Official Forms Used

• Form 3: Application for Return of Security Deposit
  When your tenancy ends and you want your deposit back:
  
  • Fill out after moving and completing your inspection.
  • Download from the Residential Tenancies Tribunal.
  • Include your name, previous address, new address, and contact info.

Allow up to 7–14 days for processing if there are no disputes. If claims arise, timing will depend on the Tribunal’s investigation and the complexity of the case.

Tips for Maximizing Your Chances of a Full Deposit Return

• Clean thoroughly and remove all belongings before inspection.
• Take detailed photographs before leaving.
• Communicate and document everything with your landlord.
• Settle any outstanding rent or utility balances.

For a smooth moving experience, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Need help finding your next home? Find rental homes across Canada on Houseme.

If you need information about tenant and landlord rights and responsibilities in your region, visit Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions

1. How long does it take to get my deposit back in New Brunswick?
   The Residential Tenancies Tribunal aims to return the deposit within 7–14 days of receiving your application if there are no disputes.
2. Can my landlord withhold my deposit for cleaning or minor repairs?
   No, the landlord can only claim from your deposit for major damage or unpaid rent—not for normal wear and tear or routine cleaning.
3. What if my landlord refuses to sign the deposit return form?
   You can still apply directly to the Tribunal with your completed Form 3. The landlord will be notified and given a chance to respond.
4. Will I get interest on my deposit?
   Yes, the Tribunal pays interest on your deposit at a government-set rate.
5. Who handles disputes over deposits?
   All disputes are handled by the New Brunswick Residential Tenancies Tribunal.

Key Takeaways

• Tenants are entitled to the return of their deposit with interest unless there are legitimate claims.
• Use Form 3 and address any disputes promptly through the Tribunal.
• Careful documentation and proper notice make the process smoother.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick: Official applications, forms, and dispute resolution
• Residential Tenancies Act: Full text of the law governing deposits
• Legal Aid New Brunswick: Call 1-888-662-4393 for tenant support
• New Brunswick Tenants' Rights Office: Local advocacy and information services

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal – New Brunswick

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