Security Deposits in New Brunswick: Tenant Guide

Tenants in New Brunswick often have questions about security deposits: what landlords can collect, how deposits must be handled, and what to do if money is unfairly withheld. This guide explains tenant rights in plain language, lists the common forms you may need, and offers step-by-step actions you can take at move-out. It covers timelines, documentation you should keep, and how to file an application if you cannot resolve a dispute with your landlord. Where relevant, the guide points to official provincial resources and practical internal guides about deposits and final inspections to help tenants navigate the process confidently.

What is a security deposit?

A security deposit is money a landlord may require to cover unpaid rent or damage beyond normal wear and tear. In New Brunswick this payment is subject to provincial tenancy rules and must be handled according to the legislation and tribunal procedures^[2].

What landlords can legally collect and hold

• First-month rent or a security deposit to secure the tenancy.
• Amounts to cover unpaid rent, damage beyond normal wear and tear, or other specific losses documented by the landlord.
• Receipts or written records that show how the deposit was used.

Paying, holding, and interest (what tenants should know)

Tenants should get a written receipt when they pay a deposit. Provincial rules set how deposits must be recorded and returned; check the legislation and the tribunal guidance for exact timelines and any interest rules that may apply^[2]. If your landlord transfers the deposit to another owner, you should be notified in writing.

How to protect your deposit before and during tenancy

• Document the unit condition with dated photos and a signed move-in inspection report; consider using the Guide to the Initial Rental Property Inspection for Tenants for a checklist.
• Keep all rent receipts and any written communication about the deposit.
• Ask your landlord to confirm, in writing, where the deposit is held and whether interest applies.

Moving out and getting your deposit back

At move-out, complete a final inspection with the landlord when possible, return keys, and provide a forwarding address. Use the final inspection checklist and learn how to ask for deductions or a refund in writing. For practical moving tips, see The Final Inspection: What Tenants Need to Know Before Moving Out.

When deductions are made: what to expect

• If deductions are made, the landlord should provide an itemized list and receipts for repairs or cleaning costs.
• If you disagree, gather your own evidence (photos, receipts, witness notes) to support your claim.
• If you cannot resolve the dispute, you can apply to the Residential Tenancies Tribunal for a hearing^[3].

Common forms and how to use them

• Application to the Residential Tenancies Tribunal (for disputes about deposits or deductions): use this form to start a formal hearing when informal negotiation fails; attach photos and receipts as evidence^[1].
• Move-out inspection form or condition report: use this at the end of tenancy to document the unit’s state and reduce disagreement about damage or cleaning.

FAQ

Can my landlord require more than one month’s rent as a deposit?

No. In New Brunswick the landlord cannot demand unlimited deposits; check the provincial rules to confirm maximum allowed and permitted uses^[2].

How long does a landlord have to return my deposit after I move out?

Timelines vary by province and by whether deductions are claimed; consult the Residential Tenancies Tribunal guidance and file an application if the landlord does not respond within the required period^[3].

What if my landlord makes deductions I disagree with?

Request an itemized statement and receipts, gather your own evidence, and consider applying to the Residential Tenancies Tribunal using the official application form^[1].

How-To

1. Gather dated photos, the move-in inspection report, receipts, and any messages or emails about the condition of the unit.
2. Request the deposit return in writing and ask for an itemized list of deductions, keeping a copy of your request.
3. Ask for receipts for any repairs the landlord claims to have paid for; compare with your evidence.
4. If the landlord withholds the deposit without justification, file an application with the Residential Tenancies Tribunal before the filing deadline and attach your evidence^[1].

Key Takeaways

• Document the unit condition at move-in and move-out to protect your deposit.
• Request written receipts and itemized deductions if any portion of the deposit is withheld.
• Use the Residential Tenancies Tribunal and official application form if you cannot resolve the dispute informally.

Help and Support / Resources

• Residential Tenancies Tribunal - Government of New Brunswick
• Residential Tenancies Act (New Brunswick)
• Application to the Residential Tenancies Tribunal (official form)

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1. [1] Application to the Residential Tenancies Tribunal (official form)
2. [2] Residential Tenancies Act (New Brunswick)
3. [3] Residential Tenancies Tribunal - Government of New Brunswick

InternalLinks: Understanding Rental Deposits: What Tenants Need to Know, How to Get Your Security Deposit Back with Interest When Moving Out, The Final Inspection: What Tenants Need to Know Before Moving Out

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