How deposits work in New Brunswick
Security deposits in New Brunswick are held to protect landlords for unpaid rent or damages beyond normal wear and tear. Landlords may not use a deposit for routine repair nor increase rent by keeping funds without following the law. The Residential Tenancies Act sets out when deposits may be applied to arrears and what notice must be given to the tenant.[1] Keep careful receipts and records of payments to show the deposit's purpose.
When landlords can use deposits for rent arrears
A landlord can only apply a tenant's security deposit to rent arrears when the action is permitted by the Residential Tenancies Act and after following required notice and accounting steps. If a landlord applies a deposit to unpaid rent, they must provide an itemized statement showing the amount deducted and the remaining balance, and tenants can dispute improper deductions with the Residential Tenancies Tribunal.[2] For an overview of what a deposit should cover, see Understanding Rental Deposits: What Tenants Need to Know.
Required notices, timelines and tenant options
- Pay the outstanding rent within the notice period to avoid deductions from the deposit.
- Keep receipts and a rent payment record to challenge any improper deductions.
- File an application with the Residential Tenancies Tribunal to dispute deductions if the landlord does not respond or the matter is unresolved.
- Attend any scheduled hearing and bring evidence such as photos, messages and bank statements to prove your case.
Official forms and how to use them
There are common official forms used in New Brunswick for non-payment and disputes. Landlords typically serve a "Notice to Terminate Tenancy for Non-Payment of Rent" when rent is overdue; this tells the tenant the amount owed and the period to remedy the default before further action may follow.[3] If you disagree with deductions or a termination, you can file an "Application to the Residential Tenancies Tribunal" to start a formal dispute and request a hearing.[2] Example: if a landlord deducts a full deposit for a single late month without an itemized statement, a tenant can file an application and present rent receipts to the Tribunal to ask for a refund.
For practical tips on documenting rent payments and avoiding disputes, consult Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips.
FAQ
- Can a landlord immediately keep my deposit if I'm late on rent?
- No. A landlord must follow the Residential Tenancies Act and provide the proper notice before applying a deposit to rent arrears.
- What can a deposit be used for?
- A deposit can be used for unpaid rent and damage beyond normal wear and tear, but not for routine maintenance or past normal repairs.
- How do I challenge a deposit deduction?
- Collect receipts and communications, send a written dispute to the landlord, and file an application with the Residential Tenancies Tribunal if the issue is not resolved.
How-To
- Review your lease and any notice from the landlord to confirm the alleged arrears and timelines.
- Gather proof of payments, receipts, communications and photos that show your payment history and the unit condition.
- File a written dispute with the landlord and keep a dated copy for your records.
- If unresolved, file an application with the Residential Tenancies Tribunal and attend the hearing with your evidence.
Key Takeaways
- Keep rent receipts and a clear payment record to protect your deposit rights.
- Respond promptly to notices and follow the timelines set out in provincial rules.
- Use the Residential Tenancies Tribunal when disputes cannot be resolved directly with the landlord.
Help and Support / Resources
- Residential Tenancies Tribunal (Service New Brunswick)
- Residential Tenancies Act (New Brunswick) - Official legislation
- Official forms and instructions (Service New Brunswick)
