Resolving Security Deposit Disputes for Tenants in New Brunswick

Security deposit disputes can be stressful for tenants, especially when moving out of a rental in New Brunswick. It's crucial to understand your rights, how the process works, and the steps you can take to ensure a fair resolution. This guide explains what tenants need to know about deposit disputes under New Brunswick law, focusing on clarity, practical advice, and support through each stage.

Understanding Security Deposits in New Brunswick

In New Brunswick, a security deposit (sometimes called a damage deposit) is money a tenant pays to a landlord at the start of a tenancy. The deposit acts as financial protection for the landlord against unpaid rent or damages but must be handled according to the Residential Tenancies Act of New Brunswick^[1]. The deposit cannot exceed one full month's rent.

Detailed information about security deposits, including what to expect when you pay one, is available in Understanding Rental Deposits: What Tenants Need to Know.

When Disputes Over Deposits Arise

Common reasons for disputes include disagreements about:

• The amount of damages claimed by the landlord
• What "normal wear and tear" covers
• Unpaid rent deductions
• How and when the deposit should be returned

If you and your landlord disagree on any of these issues, know that provincial rules provide protections and clear procedures for tenants and landlords alike.

Getting Your Deposit Back: The Process

Here’s a quick look at how the deposit return process should work in New Brunswick:

• When the tenancy ends, the landlord must inspect the unit and determine if any deductions are necessary.
• The landlord must return the deposit (plus interest, if applicable) within seven days after the end of the tenancy, or after you have vacated and provided your forwarding address.
• If deductions are made, the landlord should itemize these and provide you with a written statement.

For a tenant-focused checklist on making your rental exit smooth, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

What to Do if You Don't Receive Your Deposit

If your landlord does not return your security deposit, or if you disagree with any deductions, you can formally dispute the matter.

How to Dispute a Deposit Deduction in New Brunswick

Disputes are managed by the Residential Tenancies Tribunal of New Brunswick. Here are the main steps:

1. Attempt Informal Resolution

• Contact your landlord by email or in writing with your concerns.
• Provide evidence and politely request a return of the deposit or an explanation of any deductions.

2. Submit a Security Deposit Claim to the Tribunal

If informal resolution fails, file an official claim for your deposit:

• Form Name: Application for Dispute Resolution (RTB Form 1)
• How to Use: This form lets tenants apply to the Residential Tenancies Tribunal to resolve security deposit disputes. Download the form from the official Tribunal forms page.
• Example: If your landlord claims you damaged the unit but you disagree, fill out RTB Form 1, attach your move-out inspection photos, and submit it online or by mail as directed on the form.

3. Await Tribunal Decision

• The Tribunal reviews evidence from both sides.
• You may need to participate in a hearing or provide further documentation.
• If successful, the Tribunal will order the return of your deposit (with interest, if due).

Your Rights and Responsibilities

Both landlords and tenants have specific rights and obligations regarding repairs and cleanliness. Be sure you understand your responsibilities before moving out. For an overview of tenant and landlord obligations, check Tenant Rights and Landlord Rights in New Brunswick.

Remember, proper notice, good communication, and clear records help avoid or resolve most disputes. For guidance on routine repairs that may impact your deposit, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

FAQ: Resolving Deposit Disputes in New Brunswick

1. How long does a landlord have to return my security deposit?
   The landlord must return your security deposit within seven days after your tenancy ends and after they receive your forwarding address.
2. What if my landlord keeps my deposit for alleged damages?
   If you disagree with the deductions, you can file an Application for Dispute Resolution with the Residential Tenancies Tribunal.
3. Can I get interest on my deposit?
   Yes, landlords are required to pay interest on your security deposit at rates set by the government.
4. What documents should I have when disputing a deposit?
   Gather your lease, photos from move-in and move-out, inspection checklists, and any communication with your landlord.
5. Who helps resolve these disputes in New Brunswick?
   The Residential Tenancies Tribunal is responsible for resolving security deposit and tenancy issues in the province.

Key Takeaways for Tenants

• Always keep detailed records, including inspection photos and correspondence.
• If your deposit is not returned or disputed, you have the right to apply to the Residential Tenancies Tribunal.
• Act quickly—there are timelines and required forms to be aware of when pursuing a security deposit dispute.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick — Apply for dispute resolution, access forms, or get more information.
• NB Tenant Rights Information: Tenant Rights and Landlord Rights in New Brunswick
• Looking for a new rental or planning a move? Find rental homes across Canada on Houseme

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal Forms and Resources
3. Official Residential Tenancies Tribunal Information

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