Renters in New Brunswick often worry about what happens to their security deposit if the landlord sells the building. This guide explains simple, practical steps tenants can take to protect their deposit, timelines landlords must follow, and what to do if the deposit is transferred or withheld. It covers how deposits should be recorded, who is responsible after a sale, and how to apply to the Residential Tenancies Tribunal when disputes arise. Use these tips whether you plan to stay, move, or negotiate a return — and keep clear records and receipts at every stage to strengthen your case as a tenant.
What the law says in New Brunswick
In New Brunswick the Residential Tenancies Act sets out landlord and tenant obligations for security deposits and the Residential Tenancies Tribunal resolves disputes. When a landlord sells, the deposit may be transferred to the new owner or refunded to you; the parties should document the transfer and any agreement in writing. If a deposit is not handled correctly, tenants can apply to the Tribunal to recover the amount or interest and ask for an order confirming who holds responsibility.[1] [2]
Practical steps to protect your deposit
- Check your lease and any written receipt to confirm the exact deposit amount and terms.
- Ask for written confirmation if the landlord says they will transfer the deposit to a buyer; get the buyer's contact details and an acknowledgement.
- Contact the seller landlord and the new owner in writing to ask where the deposit is being held and request a refund if appropriate.
- Keep copies of bank transfers, cheques, and receipts to prove payment and any returned amounts.
When to apply to the Residential Tenancies Tribunal
If the landlord or new owner refuses to account for, return, or transfer the deposit, you can file an application with the Tribunal asking for an order to recover the deposit or interest. Include documents that show payment, the lease, photos of the unit condition, and any written requests you made for return.
What evidence helps your case
- Receipts, bank statements, or cancelled cheques showing you paid the deposit.
- Copies of the lease and any written notices about the sale or transfer.
- Photos or a move-in inspection report documenting the unit's condition.
- Any emails or messages where the parties discuss the deposit transfer or refund.
FAQ
- Who is responsible for my deposit after a sale?
- The new owner becomes responsible if the deposit is properly transferred and acknowledged; if not, the seller may remain liable until the transfer is documented.
- Can a landlord keep my deposit because the property was sold?
- No. A sale alone is not a lawful reason to keep a deposit; any deductions must be for legitimate damages or unpaid rent and supported by evidence.
- How long do I have to file a claim about my deposit?
- File as soon as possible after discovering the problem. The Tribunal has timelines for applications, and acting quickly preserves evidence and your options.
How-To
- Contact the landlord and buyer in writing to request confirmation of where the deposit is held and a copy of any transfer receipt.
- Ask for a refund if you are moving out or for written proof that the deposit has been transferred to the new owner.
- Gather evidence: lease, payment proof, photos, receipts, and any communications about the sale or transfer.
- File an application with the Residential Tenancies Tribunal including all evidence and a clear request for return of the deposit or an order assigning responsibility.
Key Takeaways
- Keep receipts and a signed lease to prove payment and terms.
- Request written proof if a deposit is transferred to a new owner.
- Use the Residential Tenancies Tribunal if you cannot resolve the issue directly.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act and related legislation - Government of New Brunswick
