Security Deposits in New Brunswick: Rules & Limits

If you are renting in New Brunswick, knowing the rules about security deposits helps protect your money and rights as a tenant. This guide explains who can collect a deposit, common limits, how landlords must hold and return funds, allowable deductions, and timelines for disputes under provincial tenancy law ^[1]. It also walks through paperwork and where to file a complaint with the Residential Tenancies Tribunal ^[2], plus practical steps to document condition and request your money back. If you need help, the resources and forms listed below make the next steps straightforward.

What tenants should know about deposits

Security deposits are money a landlord may ask for at the start of a tenancy to cover unpaid rent or damage beyond normal wear and tear. Tenants should read their lease for any agreed amount and confirm that the deposit amount and purpose are written in the rental agreement. If a landlord requires a deposit, ask for a written receipt that states the amount received, the date, and the unit address.

Common limits and legal basis

Provincial law and the Residential Tenancies Act set rules that affect deposits, including maximum amounts, how deposits are handled, and timelines for returns. Check the official legislation for exact limits and requirements before paying or disputing a deposit ^[1]. If you cannot resolve a deposit dispute with your landlord, you can apply to the Residential Tenancies Tribunal for a hearing ^[2].

Typical examples tenants should watch for

• Ask whether the deposit is a security deposit, a last months rent deposit, or another fee, and get this in writing.
• Document the units condition with photos or video on move-in and keep dated records of repairs.
• Keep copies of all notices, receipts, and correspondence about the deposit and any deductions.

How deposits are held and returned

Rules may require landlords to hold deposits separately or account for them; review the lease and the Residential Tenancies Act for specifics. When moving out, provide a forwarding address and a written request for the deposit return. Landlords must itemize any deductions and return the remaining balance within the timeframe set by law. If the landlord does not return the deposit or you disagree with deductions, start by sending a clear written request and keep a copy.

Official forms and how to use them

Below are common official forms tenants may use. Always download the latest version from the provincial source before filing.

• Application to the Residential Tenancies Tribunal (Application for Hearing) — Use this form when you cannot resolve a deposit dispute with your landlord and want the tribunal to decide. Example: you requested the deposit back and the landlord deducted repairs you disagree with; you file an application asking the tribunal to order repayment and to review the deductions.
• Notice or Evidence Checklist (Tribunal exhibit list) — Use this form to list supporting documents, photos, and receipts you will rely on at a hearing. Example: attach move-in photos, repair invoices, and your receipts showing rent paid.

Practical steps before filing

Follow these steps to improve your chances if a dispute goes to the tribunal.

1. Gather evidence: dated photos, receipts, signed inspections, and the lease that mentions the deposit.
2. Send a written request for the deposit return with a clear deadline and keep proof of delivery.
3. If communication fails, contact tenant support services or legal clinics for advice before filing.
4. Complete and submit the tribunal application form with copies of your evidence if you cannot settle the issue.
5. Attend the hearing with your originals and be prepared to explain your case clearly and calmly.

FAQ

How much can a landlord charge as a security deposit in New Brunswick?

Check your lease and provincial legislation for the exact limit; if you are unsure, consult the Residential Tenancies Act or contact the tribunal for clarification.

What can a landlord legally deduct from my deposit?

Landlords may typically deduct unpaid rent, the cost to repair damage beyond normal wear and tear, and other amounts allowed by law, but they must provide an itemized statement and receipts for deductions.

How do I get my deposit back if the landlord wont return it?

Send a written request with a deadline, keep proof of delivery, and if necessary file an application with the Residential Tenancies Tribunal so a hearing can resolve the dispute.

How-To

1. Collect and organize evidence such as photos, receipts, the lease, and move-in inspection records.
2. Send a written deposit return request to the landlord and set a reasonable deadline for reply.
3. Seek free tenant advice or a legal clinic if the landlord does not respond or makes unreasonable deductions.
4. Complete the tribunal application form, attach your evidence, and submit it according to the tribunals instructions.
5. Attend the tribunal hearing and present your organized evidence clearly; ask for an order for repayment if appropriate.

Key Takeaways

• Get a written receipt for any deposit and document the units condition at move-in.
• Ask for an itemized list and receipts for any deduction from your deposit.
• Keep all evidence organized to support your claim if you apply to the tribunal.

Help and Support / Resources

• Residential Tenancies Tribunal - Province of New Brunswick
• Residential Tenancies Act - Province of New Brunswick

1. [1] Residential Tenancies Act - Province of New Brunswick
2. [2] Residential Tenancies Tribunal - Province of New Brunswick