What to Do If Your Landlord Skips the Move-Out Inspection in New Brunswick

In New Brunswick, moving out of a rental can sometimes bring unexpected issues—especially if your landlord doesn't complete a move-out inspection. As a tenant, it's important to know your rights and what steps you can take to protect yourself and your security deposit. This guide breaks down your options and legal protections under New Brunswick tenancy law.

Why Move-Out Inspections Matter in New Brunswick

Move-out inspections help both tenants and landlords resolve any disagreements about property damage, cleaning, or repairs. They are a valuable part of the rental process but are not legally required under New Brunswick's Residential Tenancies Act^[1]. However, completing one is a best practice, as it creates a record of the unit's condition upon departure.

What Happens If There's No Final Inspection?

If your landlord skips the move-out inspection or declines to do one with you present, don't panic. You still have rights and options to ensure your security deposit is only used for legitimate damages—not ordinary wear and tear. It's essential to document the condition of your rental before you leave.

If you need practical guidance on what to do when leaving your rental, our Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit may be helpful.

Immediate Steps Tenants Should Take

• Photograph or video every room and any areas of concern—as close to your move-out date as possible.
• Clean thoroughly and keep receipts for professional cleaning or repairs made by you.
• Request in writing that your landlord completes a move-out walk-through, even if they decline (keep this correspondence as evidence).

Getting Your Security Deposit Back

In New Brunswick, your landlord may only withhold part or all of your security deposit for:

• Unpaid rent
• Repairs for damage beyond normal wear and tear
• Outstanding utility charges under your lease

If you believe deductions are unfair, act quickly. Review our guide on How to Get Your Security Deposit Back with Interest When Moving Out for detailed advice.

Filing a Complaint or Claim

All rental disputes—including deposit deductions—are handled by New Brunswick's Residential Tenancies Tribunal. If your landlord will not return your deposit or claims unjustified deductions, you can file an application with the Tribunal.

• Form: Application for Assistance (Form 6)
• When to use: If your landlord keeps your security deposit or part of it for disputed damages, file Form 6 with the Tribunal. Attach your documentation (photos, cleaning receipts, move-out correspondence).
• Download Form 6 (Application for Assistance) – NB Tribunal

The Tribunal will review evidence from both sides before making a decision.

Your Rights Under New Brunswick Law

The rules for deposits, inspections, and ending tenancies are covered by the Residential Tenancies Act. Tenants and landlords both have obligations throughout the move-out process. For an overview of your legal rights province-wide, see our page on Tenant Rights and Landlord Rights in New Brunswick.

For tips on documenting the rental's condition when you move in—helpful for any future inspection disputes—see the Guide to the Initial Rental Property Inspection for Tenants.

Remember: Landlords cannot deduct for any damage or cleaning if they have not given you the opportunity to address issues before deducting from your deposit, especially if you have evidence showing the unit was left in good order.

Protecting Yourself on the Next Move

For future moves, insist on both an initial and a final inspection with your landlord. Get any comments or issues in writing, and keep thorough records. Looking for your next rental home? Browse apartments for rent in Canada and make your next move a smoother experience.

1. What if my landlord refuses to return my deposit because of alleged damages?
   If your landlord claims damages but you disagree, gather your documentation and file an Application for Assistance (Form 6) with the New Brunswick Residential Tenancies Tribunal. The Tribunal will resolve the dispute based on evidence provided.
2. Is my landlord required to do a move-out inspection under New Brunswick law?
   No, move-out inspections are not a legal requirement in New Brunswick. However, both parties benefit from completing one, as it helps avoid disagreements about the condition of the unit.
3. How long does my landlord have to return my security deposit?
   Your landlord must return your security deposit, with any deductions itemized, within 7 days after your tenancy ends.
4. What can I do if my landlord does not respond to my deposit request?
   If you receive no reply, submit Form 6 (Application for Assistance) to the Residential Tenancies Tribunal for help in recovering your deposit.
5. What should I document if my landlord skips the move-out inspection?
   Take dated photos or videos of the property, keep cleaning and repair receipts, and save all written communication with your landlord regarding the move-out. This provides evidence if a dispute arises.

Key Takeaways for Tenants

• New Brunswick law does not require move-out inspections, but documentation is key to protecting your interests.
• If your landlord withholds your security deposit, apply promptly to the Residential Tenancies Tribunal.
• Always keep clear records—photos, cleaning receipts, communication—to strengthen your case in a dispute.

Taking these steps will help ensure a fair outcome and peace of mind during your move-out process.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – guidance, forms, and dispute resolution.
• For tenant advocacy and local assistance: Public Legal Education and Information Service of New Brunswick (PLEIS-NB)
• General tenant rights in New Brunswick: Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal – New Brunswick
3. NB Tenancy Forms (including Application for Assistance)

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