Landlord security-deposit claims and tenant objections

What happens to a disputed New Brunswick deposit?

The security deposit is held through the provincial Tenant and Landlord Relations Office. If a landlord wants a deduction after the tenancy ends, the usual route is to submit a claim to that Office, not simply withhold the money. A tenant who disagrees can respond to the Office with evidence of the unit’s condition, the rent account and the amounts claimed. The Office decides the dispute under the Residential Tenancies Act.

Official New Brunswick deposit claims and refund instructions ↗

Landlord filing

A landlord usually files a Security Deposit Claim with the Tenant and Landlord Relations Office within seven days of the end of a tenancy. The claim is not an automatic award and is reviewed against the legal obligations covered by the deposit.

Special time rules can apply after a Notice to Vacate or other Act-based termination. In those cases, check section 8 of the Residential Tenancies Act rather than using a simple seven-day calculator.

Landlord claim checklist

1. Confirm the tenancy end date and the legal basis for any deadline; in ordinary cases the Office expects the claim within seven days.
2. Use the Province’s official Security Deposit Claim form, identifying the tenancy and each deduction.
3. Separate categories such as rent, qualifying utilities, late fees, cleaning and repairs; explain the claimed amounts.
4. Collect dated inspection records, photos, invoices, communications and any supporting rent ledger.
5. Submit the claim through an accepted channel and retain the confirmation. The Office may request more information or arrange a dispute hearing.

Where both sides agree to a portion being retained, the Province also offers a Security Deposit Refund Agreement. This is different from a disputed landlord claim. Make sure both parties understand the amounts before signing.

Tenant objections

When the office notifies a tenant of a claim, the tenant can contact the office to disagree and submit evidence. Do not assume a landlord can simply keep the money without an official decision.

Photograph condition at handover, save inspection records and communications, and document any pre-existing damage or wear.

Tenant response checklist

1. Apply for return of your deposit as soon as possible after moving out, supplying your new address and the tenancy number.
2. Read the landlord’s itemized claim; note which charges you accept, if any, and which you contest.
3. Contact the Tenant and Landlord Relations Office to state that you disagree. The Province gives 1-888-762-8600 as a contact number.
4. Send evidence matched to each disputed item: move-in and move-out photographs, inspection reports, receipts, payment history and messages.
5. Respond to further Office requests and any hearing notice; keep copies of all submissions.

Do not treat the seven-day period for a landlord’s claim as the tenant’s deadline to apply for a refund or respond to a claim. These are different steps.

Related New Brunswick resources

New Brunswick tenancy hub · Official forms directory · Deposit limits and return process.

Worked example: disputed cleaning charge

The landlord requests a $300 cleaning deduction. The tenant has a dated move-out inspection signed by both sides, plus photographs of the cleaned kitchen and bathroom. The tenant applies for their deposit return, tells the Office they dispute the $300 charge and supplies copies of those records. The Office evaluates the evidence; neither party can assume the requested deduction will be approved.

Check what is actually being claimed

Request an itemized list rather than treating a bare dollar figure as proof. Compare each item with dated entry and exit inspection evidence, rent ledger and actual invoices or repair estimates.

The landlord’s ordinary seven-day deposit claim period may differ for a tenancy ended under an official eviction-related notice. Ask the office which statutory subsection applies to the termination before relying on a generic calendar date.

If there are multiple tenants on the Certificate of Deposit, confirm with the provincial office how each tenant should apply for their portion and receive notice of any claim.