Security deposits are a common part of renting in New Brunswick, but many tenants wonder under what circumstances a landlord can keep all or part of the deposit. Understanding your rights will help you avoid surprises and ensure you get back what you’re owed at the end of your tenancy.
What Is a Security Deposit in New Brunswick?
In New Brunswick, a security deposit (sometimes called a damage deposit) is a sum you pay the landlord at the start of your tenancy. Its purpose is to cover certain costs if you don’t meet the terms of your rental agreement, like unpaid rent or damages.
- The deposit can’t exceed the amount of one month’s rent.
- Landlords must place the deposit with the New Brunswick Residential Tenancies Tribunal, not keep it themselves.
For more details on how deposits work, see Understanding Rental Deposits: What Tenants Need to Know.
When Can a Landlord Keep All or Part of Your Deposit?
By law, a landlord in New Brunswick can only claim the deposit (or part of it) to cover:
- Unpaid rent at the end of your lease
- Unpaid utility charges you are responsible for in the agreement
- Damages beyond normal wear and tear that you or your guests caused
They cannot use your deposit for regular maintenance, routine repairs, or to fix issues caused by normal use. To understand your repair and maintenance responsibilities, read Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
What Counts as Normal Wear and Tear?
Typical small marks or minor paint scuffs usually count as normal use, not damage. However, holes in walls, broken windows, or missing appliances may not.
What Is the Deposit Return Process?
At the end of your tenancy, the process is regulated by the Residential Tenancies Tribunal:
- Within 7 days of move-out, either the landlord or tenant can request the deposit’s return using Form 3: Notice of Claim for Security Deposit (official form here).
- If both parties agree, the Tribunal returns the deposit (with interest) to you.
- If there’s a dispute, the landlord must file a claim stating their reason.
How to Protect Your Deposit as a Tenant
To make sure you get your full security deposit back:
- Document the condition of the rental unit when you move in and out (take photos and fill out inspection reports).
- Pay all rent and agreed-upon utility charges on time.
- Report problems or needed repairs quickly, and keep copies of your communications.
- Repair any damages you or your guests caused beyond normal wear and tear.
How to Dispute a Deposit Deduction
If your landlord claims your deposit for reasons you disagree with:
- Request written details of the deductions.
- Use the Notice of Claim for Security Deposit (Form 3) to state your case with the Tribunal.
- Attach evidence such as photos, inspection forms, and payment records.
The Tribunal will review the evidence and make a decision. You can find more details on the official tribunal site.
Relevant Law: New Brunswick’s Residential Tenancies Act
All deposit rules in NB are set by the Residential Tenancies Act of New Brunswick1. This law sets out:
- Maximum deposit limits
- How deposits are held
- When deductions are allowed
- Timelines for returning a deposit with interest
To see a summary of all tenant and landlord rights in the province, read Tenant Rights and Landlord Rights in New Brunswick.
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- Can my landlord keep my deposit if I leave early?
If you leave before your lease ends without proper notice, your landlord may claim some or all of your deposit for unpaid rent or to cover other eligible costs. Always check your agreement and notify your landlord according to legal requirements. - How do I officially request my deposit back?
Fill out and submit Form 3: Notice of Claim for Security Deposit with the Residential Tenancies Tribunal. Include your contact information and proof of move-out. - What if my landlord claims damage that I disagree with?
Provide evidence (like move-in inspection photos and reports) to the Tribunal when responding to their claim. The Tribunal will determine if the claim is valid. - Is the deposit returned with interest in New Brunswick?
Yes, your security deposit accrues yearly interest set by the Tribunal. The full amount (principal plus interest) should be returned if there are no valid deductions. - Who holds my deposit during my tenancy?
In New Brunswick, the Residential Tenancies Tribunal holds the deposit in trust, not your landlord directly.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (Government of New Brunswick): Official deposit forms, Tribunal contacts, and guidance
- For advocacy and local tenant support, contact the New Brunswick Tenant Advocate or legal aid services in your community
- For more on your tenant rights regarding deposits, inspections, and repairs, see our guides above and the Tenant Rights and Landlord Rights in New Brunswick factsheet
