New Brunswick Tenant Rights: Move-Out Inspections Explained

Are you preparing to leave your rental home in New Brunswick? Understanding your rights when it comes to move-out inspections can help ensure a smooth transition and protect your security deposit. This guide covers the essentials for tenants facing a final inspection, including what you can expect under New Brunswick’s laws.

Your Rights as a Tenant: Move-Out Inspections in New Brunswick

As a tenant in New Brunswick, it is your right to be present during a move-out inspection. A move-out inspection allows both you and your landlord to review the condition of the rental unit when you leave. This process helps determine if any deductions should be made from your security deposit and promotes transparency in ending your tenancy.

The relevant law for New Brunswick is the Residential Tenancies Act (New Brunswick) and its regulations.^[1]

What is a Move-Out Inspection?

A move-out inspection is a formal review of the rental unit's condition just before you return the keys. This inspection is compared against the move-in inspection report to assess if damage (beyond normal wear and tear) occurred during your tenancy.

• The inspection is usually arranged for when you move out, often on your last day or just before.
• Your landlord must offer you the opportunity to be present.
• You should receive a copy of the completed inspection report.

Why Move-Out Inspections Matter

Participating in the move-out inspection helps protect your interests, such as challenging unfair deductions from your security deposit or disputing damage claims. It also helps prevent disagreements about the property’s condition. For tips on ensuring a smooth process, check the The Final Inspection: What Tenants Need to Know Before Moving Out page.

Security Deposits and Your Move-Out

Security deposits are a standard part of renting in New Brunswick. The conclusions from your move-out inspection directly impact whether you’ll receive your deposit back. For more details, see Understanding Rental Deposits: What Tenants Need to Know.

How Move-Out Inspections Work in Practice

Here’s a simplified summary of how the process works in New Brunswick:

1. Either you or your landlord schedules a mutually convenient time for the move-out inspection, ideally when the rental is fully empty.
2. On inspection day, you (and/or your representative) meet the landlord, walk through the unit, and review each room for damage or cleanliness issues.
3. Both parties sign the inspection report form — if you disagree with a finding, you may note your comments on the form.

Official Forms: Inspection Report

Landlords and tenants in New Brunswick should use the official Condition of Premises Report (Form 3) for move-in and move-out inspections. This form helps record the state of each room, appliances, and any furnishings provided.

• Form Name: Condition of Premises Report (Form 3)
• When and How to Use: Complete this form together with your landlord during both move-in and move-out inspections. Always get a dated, signed copy for your own records.
• Download Condition of Premises Report – Form 3 (SNB)

If you disagree with your landlord’s findings or deductions from your deposit, you may file an application with the Residential Tenancies Tribunal, which oversees tenant and landlord disputes in the province.

What to Do If There’s a Dispute

If you and your landlord cannot agree on the inspection report or deposit return, you have the option to formally dispute the deductions.

1. Attempt to resolve the issue directly, providing evidence such as your condition reports and photos.
2. If unresolved, file for dispute resolution through the Residential Tenancies Tribunal within 7 days of receiving the notice regarding your deposit.

For added details on your provincial rights and general legal obligations, see Tenant Rights and Landlord Rights in New Brunswick.

If you’re planning your next move or looking for your next home, Find rental homes across Canada on Houseme for the latest listings and tools.

Frequently Asked Questions

1. Am I required to attend the move-out inspection?
   While you are not legally required, it’s strongly recommended to attend so you can document the property condition and avoid later disputes.
2. Can my landlord keep my deposit if I miss the inspection?
   No, your absence alone is not a valid reason for your landlord to keep your deposit. Deductions can only be made for damages or unpaid rent.
3. What if my landlord doesn’t give me a copy of the inspection report?
   Request a copy in writing. If your landlord refuses, contact the Residential Tenancies Tribunal for help.
4. What happens if I disagree with my landlord’s assessment?
   You may note your disagreement directly on the inspection form and file a complaint with the Tribunal if necessary.
5. Is normal wear and tear deducted from my deposit?
   No, landlords cannot deduct for normal wear and tear; only for damages beyond standard use.

Conclusion: Key Takeaways for New Brunswick Tenants

• Exercise your right to be present during move-out inspections to protect yourself and your deposit.
• Always request and keep copies of the inspection report and document the property’s condition with photos.
• Use official forms and contact the Residential Tenancies Tribunal if you need dispute resolution.

Being proactive and informed about the move-out process helps minimize conflicts and ensures your rights as a tenant are upheld.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – forms, FAQs, and contact information
• Legal Aid New Brunswick: Call 1-866-641-6556 or visit their website
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – plain language guides and workshop info
• See Tenant Rights and Landlord Rights in New Brunswick for more regional information

---

1. Residential Tenancies Act (New Brunswick), Forms & Regulations
2. Residential Tenancies Act (New Brunswick) – Full Text
3. New Brunswick Residential Tenancies Tribunal – Official Site

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy