If a court orders your landlord to return your security deposit in New Brunswick, you still may need to take specific steps to receive the money. This guide explains what tenants should expect after a court order, including timelines for payment, how to document compliance or non-compliance, and practical enforcement options if a landlord does not pay. It covers official forms and where to file enforcement requests, explains common outcomes at hearings, and gives clear action steps you can follow so you can get your deposit back with as little delay as possible. The language is plain and aimed at renters who need practical next steps and links to official provincial resources.
What happens after a court order
After the tribunal or court issues a judgment ordering a landlord to repay a security deposit, the order becomes legally enforceable. Contact the Residential Tenancies Tribunal[1] if you need information about the decision or certification of the order. Under New Brunswick tenancy law (Residential Tenancies Act)[2] the landlord is expected to pay within the time stated in the order; if they do not, you can use enforcement procedures and official forms[3] to collect the money.
Typical timelines and landlord requirements
- Within 30 days: the landlord must pay the ordered amount or provide a written explanation.
- If the landlord claims deductions, they should provide an itemized list showing amounts deducted from the deposit.
- If payment is not made, the tenant may apply to a sheriff or enforcement officer to seize funds.
- Keep records such as the signed rental agreement, receipts, photos, and the certified court order to support enforcement.
Practical enforcement steps
Start with a clear written demand attaching a copy of the certified court order. For general deposit rules, read Understanding Rental Deposits: What Tenants Need to Know and for rules about interest on deposits see How to Get Your Security Deposit Back with Interest When Moving Out. If you need to find new housing during the process, Find rental homes across Canada on Houseme.
- Send a written demand by registered mail or email and keep proof of delivery.
- Ask the court or tribunal to certify the order so an enforcement officer can act.
- Apply to the sheriff or a bailiff to seize bank funds or sell assets to satisfy the order.
- Consider small claims enforcement routes if the judgment can be transferred there for collection.
FAQ
- How long does it usually take to receive a deposit after a court order?
- Timing varies but many tenants see payment within a few weeks if the landlord cooperates; enforcement can take longer if seizing assets or garnishing funds is required.
- What can I do if the landlord appeals the decision?
- An appeal can delay payment; you should get legal advice, keep your records, and ask the tribunal or court clerk about enforcement options while the appeal proceeds.
- Can I get interest on the deposit ordered back to me?
- Interest depends on the tribunal or court decision and provincial rules; see the tribunal decision details and the guide on deposit interest for moving out.
How-To
- Obtain a certified copy of the court order from the tribunal or court so it can be used for enforcement.
- Send a written demand with a clear deadline and proof of delivery to the landlord attaching the certified order.
- If the landlord does not pay, apply to the sheriff or a bailiff to enforce the order and seize funds or assets.
- Keep all documents, receipts, and correspondence as evidence and follow up with authorities if enforcement stalls.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act - Government of New Brunswick
- Provincial justice and enforcement services - Government of New Brunswick
