Tenants in New Brunswick often worry about when a landlord can legally deduct money from a security deposit for damage. This guide explains common rules renters need to know, what counts as normal wear and tear versus chargeable damage, and the evidence to keep: photos, receipts and inspection reports. It also describes the forms and tribunal process used in New Brunswick, steps to dispute unfair deductions, and practical tips for moving out so you protect your deposit. If you document the unit at move-in and move-out, communicate in writing, and follow deadlines, you usually improve your chances of getting funds returned. The explanation uses plain language so renters can act with confidence.
What landlords can deduct for
Landlords in New Brunswick can only deduct for costs that repair damage beyond normal wear and tear. Typical chargeable items include broken windows, holes in walls, excessive carpet stains and unpaid repairs caused by the tenant. Routine cleaning for normal cleanliness is not usually a damage deduction. If a landlord plans to keep deposit funds for repairs or unpaid rent they should provide an itemized list and receipts where possible.[2]
Damage vs. normal wear and tear
Normal wear and tear means gradual deterioration from ordinary use: minor scuffs, faded paint or loose cabinet handles. Chargeable damage is unexpected or avoidable harm like large holes, broken fixtures or burn marks. When in doubt, compare photos and inspection reports from move-in and move-out.
How deductions are calculated
- Only actual repair costs (materials and labour) for damage beyond wear and tear may be charged.
- Landlords may deduct unpaid rent or utility arrears from a deposit if the lease and provincial rules allow.
- Replacement charges should consider reasonable depreciation for older items rather than full cost of new items.
How to challenge a deduction
- Ask the landlord in writing for an itemized statement and original receipts for repairs; keep a copy of the request.
- If you disagree, file an application with the Residential Tenancies Tribunal using the official form.[1][3]
- Bring dated photos, the move-in inspection checklist and messages or emails that show agreed repairs as evidence for your case.
FAQ
- Can a landlord deduct for routine cleaning?
- No. Normal cleaning for reasonable wear is not a deductible damage cost; landlords can only charge for cleaning beyond ordinary wear.
- How long after moving out can a landlord deduct from my deposit?
- A landlord must follow timelines set by the Residential Tenancies Act and provide an itemized accounting; check provincial rules and file with the tribunal within the specified deadlines.[2]
- What evidence helps me dispute a charge?
- Photos, a dated move-in inspection report, receipts for repairs and written communication with the landlord are the most helpful evidence.
How-To
- Document the condition: take clear dated photos and keep the move-in inspection report.
- Request an itemized statement and original receipts from the landlord in writing.
- Try to negotiate a fair amount by email or letter before filing an application.
- File the official application form with the Residential Tenancies Tribunal and pay any required filing fee.[1]
- Prepare a short bundle of evidence: photos, receipts, the lease and inspection reports.
- Attend the hearing and present clear, chronological evidence to support your position.
Key Takeaways
- Landlords may deduct only for damage beyond normal wear and tear and should provide itemized receipts.
- Keep dated photos and inspection reports to protect your deposit.
- If you cant resolve the issue, apply to the Residential Tenancies Tribunal using the official form.
Help and Support / Resources
- Contact the Residential Tenancies Tribunal
- Read the Residential Tenancies Act and related regulations
- Official forms and applications for tenancy disputes
