New Brunswick Security Deposit Rules: How Deposits Are Collected, Returned, and Disputed

Who handles this

In New Brunswick, a security deposit (also called a damage deposit) is collected by the landlord and must be submitted to the Tenant and Landlord Relations Office, which is part of Service New Brunswick.

The official page states that landlords may ask tenants for a security deposit. If the tenant does not uphold their responsibilities during the rental term, the landlord may place a claim against the deposit.

How to pay a security deposit

A tenant may pay the deposit to the landlord or directly to a Service New Brunswick centre.

Payment methods for tenants: cash, debit, money order, certified cheque, or bank draft.

If paying the landlord, the official page states the tenant should request a receipt. The receipt should show the amount paid, the address of the rental unit, and indicate it is a security deposit.

A landlord who collects a deposit must submit it to the Tenant and Landlord Relations Office within 15 days. Landlord payment methods: cash, debit, money order, certified cheque, bank draft, or personal cheque. Landlords can also pay online using the e-Landlord service.

Both tenants and landlords can pay at any Service New Brunswick service centre or by mail to:

Tenant and Landlord Relations Office

PO Box 5001

Moncton, NB

E1C 8R3

The Tenant and Landlord Relations Office will provide a Certificate of Deposit to both the landlord and tenant(s) by mail.

The official page states: if the Certificate of Deposit is not received within four weeks or has an error, contact the Tenant and Landlord Relations Office at 1-888-762-8600 or by email at renting@gnb.ca.

The Certificate of Deposit contains a unique identifier called the Tenancy Number. The official page states you should reference this number anytime you deal with the Tenant and Landlord Relations Office about your deposit.

Maximum deposit amounts

The official page states: your landlord may ask for the first month's rent and a security deposit, but cannot ask for the first month's rent and last month's rent.

The maximum deposit depends on the lease term:

• Week-to-week lease: up to one week of rent
• Month-to-month lease: up to one month of rent
• Year-to-year lease: up to one month of rent
• Fixed-term lease: up to one month of rent
• Mobile home site lease: up to three months of rent

Applying for the return of your deposit

When you move out, you can apply for the return of your security deposit.

The official page states it is important to submit your application as soon as possible so you may be contacted if a claim is made against your deposit.

All tenants named on the Certificate of Deposit must apply separately for their portion.

Apply online

The official page states that applying online as soon as you move out is the quickest and easiest way to have your deposit returned. Your application will be processed at the end of your lease term.

Other ways to apply

Visit a Service New Brunswick service centre to apply in person.

You can also send printed or digital copies of completed forms to the Tenant and Landlord Relations Office:

• Email: renting@gnb.ca
• Fax: 1-855-869-6421
• Mail: PO Box 5001, Moncton, NB, E1C 8R3
• Or bring it to a Service New Brunswick service centre

Applying on behalf of another person

The official page lists the following situations:

• Power of Attorney: if the tenant requesting the return or transfer of the deposit is unable to complete the form, a copy of their Power of Attorney must be included.
• Death certificate and will: if the tenant named on the deposit is deceased, a copy of the will and death certificate must be included.
• Death certificate and Indemnity Letter: if there is no will, the applicant must complete an Indemnity Letter.

Transferring a deposit

The official page states you can transfer your deposit to another rental unit or another tenant.

Transfer to another rental unit

Apply online or send printed or digital copies of completed forms to the Tenant and Landlord Relations Office using the same methods above (email, fax, mail, or a service centre).

Transfer to another tenant

If a new tenant is taking over your lease and you want to transfer the deposit held under your name at Service New Brunswick to the new tenant:

• Complete the Security Deposit Transfer Tenant to Tenant form.
• The form must be signed by both you and the landlord, then sent to the Tenant and Landlord Relations Office using the same methods above.
• Once received, the office will update the tenancy file, and a new Certificate of Deposit will go to the landlord and the new tenant.

Claims against security deposits

The official page states: landlords can make a claim against the security deposit but must do so within seven days from the end of the tenancy.

Items that can be claimed against a deposit include:

• Unpaid rent
• Unpaid utilities
• Unpaid late payment fees
• Cleaning and/or repairs

Official sources

• https://www.gnb.ca/en/topic/family-home-community/housing-property/deposits.html