Security deposits

How it works, claims against a deposit and how to request the return of a deposit


Overview

Landlords may ask tenants for a security deposit, sometimes called a damage deposit.  If the tenant does not uphold their responsibilities during the rental term, the landlord may place a claim against the damage deposit.

To learn more:

Important Information about Security Deposits for Tenants (video)

Important Information about Security Deposits for Landlords (video)


How to pay a security deposit

A tenant may pay a security deposit to the landlord or directly to a Service New Brunswick service centre. A tenant may pay by cash, debit, money order, certified cheque, or bank draft. When paying a security deposit to a landlord, the tenant should request a receipt. The receipt should show the amount paid, the address of the rental unit and say it is for the payment of the security deposit.

A landlord that collects a security deposit must submit it to the Tenant and Landlord Relations Office within 15 days. The landlord may pay by cash, debit, money order, certified cheque, bank draft, or personal cheque. Landlords can also make security deposit payments online anytime, anywhere and avoid waiting in line by using the e-Landlord service.

Security Deposit Remittance Form (PDF)

Tenants and landlords can make security deposit payments at any Service New Brunswick service centre or by mail to:

Tenant and Landlord Relations Office
PO Box 5001
Moncton, NB
E1C 8R3


Amount that can be charged for a security deposit

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 amount that can be charged for a security deposit depends on the lease term:

  • Week-to-week lease: up to 1 week of rent
  • Month-to-month lease: up to 1 month of rent
  • Year-to-year lease: up to 1 month of rent
  • Fixed-term lease: up to 1 month of rent
  • Mobile home site lease: up to 3 months of rent

 


Certificate of Deposit (receipt)

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

If the Certificate of Deposit is not received within 3-4 weeks or has an error, contact the Tenant and Landlord Relations Office at 1-888-762-8600 or by email [email protected].

Your unique identifier on the Certificate of Deposit is the Tenancy Number and you should reference this number anytime you are dealing with the Tenant and Landlord Relations Office as it relates to your deposit.


Apply for the return of your security deposit

When you move out of your rental unit you can apply for the return of your security deposit. It is important for you to submit your application as soon as possible so that you may be contacted if a claim is made against your security deposit.

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

Other ways to apply

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

You can send printed or digital copies of completed forms to the Tenant and Landlord Relations Office by email to [email protected], by fax at 1-855-869-6421, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

Application for the Return of the Security Deposit (PDF)


Applying on behalf of another person

Power of Attorney

If the tenant requesting the return of the security deposit or a transfer is unable to complete the form on their own, a copy of their Power of Attorney must be included with the application.

Death Certificate and Will

If the tenant named on the security deposit is deceased, a copy of the will and death certificate must be included with the application of the return of the security deposit.

Death Certificate and Indemnity Letter

If there is no will, the applicant must complete an Indemnity Letter.


Transfer a security deposit

You can transfer your security deposit to another rental unit or another tenant.

Transfer to another rental unit

You can use our online service to ask that your security deposit be transferred to another rental unit.

Apply online or send printed or digital copies of completed forms to the Tenant and Landlord Relations Office by email to [email protected], by fax at 1-855-869-6421, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

Transfer to another tenant

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

1.    Complete the Security Deposit Transfer Tenant to Tenant form.

2.    The form must be signed by both you and the landlord and sent to Tenant and Landlord Relations Office by email to [email protected], by fax at 1-855-869-6421, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

3.    Once received, the Tenant and Landlord Relations Office will update the tenancy file and a new Certificate of Deposit will go to the landlord and the new tenant.

Security Deposit Transfer Tenant to Tenant (PDF)


Submit a claim against a security deposit

Landlords can make a claim against the security deposit but must do so within 7 days from the end of the tenancy. Items that can be claimed against a security deposit include:

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

To learn more:

How to successfully complete the 'Security Deposit Claim' form (video)


Disagree with a claim

If a claim is made against your security deposit, you will be informed. A copy of the claim is sent your last known address. Applying for the return of your security deposit as soon as possible will provide the Tenant and Landlord Relations Office with your new address.

You may email [email protected], call 1-888-762-8600 or visit any Service New Brunswick service centre location to inform the Tenant and Landlord Relations Office that you disagree with the claimed items made against your security deposit. You must be prepared to explain in detail why you disagree with the claim item(s).

You will need to provide evidence to support your opposition to the claimed items. A member of the Tenant and Landlord Relations Office team will contact you to help you understand the hearing process.