Residential Tenancies TribunalI am a Landlord - Security Deposit
See the Landlords’ Information Bulletin on Security Deposits for more detailed information.
The Residential Tenancies Tribunal will inform the tenant about the claim. The tenant is allowed to dispute or defend against the claim. The Residential Tenancies Tribunal will accept evidence from both the landlord and the tenant. This evidence could include: Inspection reports, Photographs, Witness statements, Invoices, etc.
The Residential Tenancies Officer will ensure that both the landlord and the tenant have the opportunity to review all the information for this claim.
The Residential Tenancies Officer will make a decision based on the evidence provided and The Residential Tenancies Act, if the landlord and tenant do not agree to a settlement. The security deposit will then be given out in accordance with the decision.
If either the landlord or the tenant does not respond to correspondence or instructions from the Residential Tenancies Tribunal, the claim against the security deposit will proceed accordingly.
A security deposit is an amount of money that the landlord may ask the tenant to pay at the beginning of the tenancy. At the end of the tenancy, the tenant has to apply to get the security deposit back, but the landlord may apply to receive some or all of the security deposit for any unpaid rent or late payment, necessary cleaning, repair costs or unpaid utilities (heat, water, electric power or natural gas services, etc.) provided by the landlord but not covered by the rent.
In a week to week tenancy, the landlord can charge up to one week’s rent. In a month-to-month, year-to-year or fixed-term tenancy, the landlord can charge up to one month’s rent. In a mobile home site tenancy, the landlord can charge up to three month’s site rent.
Option 1: Your tenant may pay the security deposit to you and you must then pay it at any Service New Brunswick Service Centre within 15 days of receiving it. You need to fill out The Security Deposit Remittance form.
It is an offense under the Residential Tenancies Act to not remit the Security Deposit to the Residential Tenancies Tribunal.
Option 2: Your tenant may also pay the security deposit at any local Service New Brunswick Service Centre. The tenant will receive a receipt and the landlord will receive a certificate attesting payment.
Service New Brunswick Service Centres accept cash, money orders, certified cheques and debit cards. Money orders and certified cheques should be made to the order of Service New Brunswick.
Please consult the Bulletins under the Forms & Resources section.