Security Deposit

How do I get my Security Deposit back?

Please use this form:
Application for the Return of the Security Deposit - Online Submission
Application for the Return of the Security Deposit - Download and Print

 

How long does it take to receive my Security Deposit?

If no claims are made on the Security Deposit, processing times are as follows: 
Approximately 2 weeks: If a Security Deposit Refund Agreement is filled out between you and your landlord and submitted to our Office.
Approximately 3 weeks: If you submit your Application for the Return of the Security Deposit online.
Approximately 4 weeks: If you print and submit your Application for the Return of the Security Deposit to our Office.

 

What if my Landlord submits a claim against my security deposit?

Step 1: Make sure you have completed the Application for the Return of the Security Deposit so that we have your forwarding address. 
Step 2: If the landlord submits a claim with this Office against your security deposit, you’ll have an opportunity to dispute the claim. This is what the letter will look like: Sample Claim Letter
Step 3: What do you want to do with the claim?

  •  I want to dispute the claim:
  • Please see the Tenant's Information Bulletin on Security Deposits.
  • I am in agreement with the claim:
    Notify the Residential Tenancies Tribunal in writing by the response date specified in our letter to you. This is especially beneficial to you if the claim is for only a portion of your security deposit, as it allows us to reimburse your portion more quickly.
  • If you do not respond to our letter:
    The Residential Tenancies Tribunal will proceed with the claim process and the claim may be awarded to your landlord.

Step 4: I’ve disputed the claim. What now? The Residential Tenancies Officer will come to a decision on the landlord’s claim against the security deposit based on the law and the evidence provided by the landlord and tenant. The Residential Tenancies Tribunal aims to provide the landlord and the tenant with a copy of the Residential Tenancies Officer’s decision within 45 days of the landlord’s application.

Service New Brunswick will send out cheques reflecting the rendered decision after the appeal period is expired.
 

Preventing Security Deposit Fraud

Red Flags and Tips

  • Is the rental price too good to be true?
  • Check rental rates in the same area. Often fraudsters will try to entice their victims with low prices to elicit multiple victims.
  • Are they just communicating with you via email?
    Fraudsters will not want to meet their victims in person to avoid being recognized and investigated by police. Be wary if the prospective landlord only wants to communicate via e-mail.
  • Are they asking for cash only for a security deposit?
    Cash is untraceable and can be used immediately.
  • Are they asking for money to be wired?
    Once money is wired, it is extremely difficult to cancel the transaction. Also, money transfers are difficult to trace.
  • Have you visited the premises?
    Do not pay a security deposit without first seeing the premises. Deal locally, in person and face to face.

If something feels wrong with a listing, the application process feels rushed, or the whole experience just seems too good to be true, it may be wise not to pursue it.

 

What is a Security Deposit?

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.

 

How much can my landlord charge for a Security Deposit?

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.

 

How do I pay the Security Deposit?

Option 1: The tenant may pay the security deposit to the landlord. The landlord must then pay it at any Service New Brunswick Service Centre within 15 days of receiving it. 
Option 2: The tenant may pay the security deposit at any local Service New Brunswick Service Centre. They must fill out the Security Deposit Remittance form.

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".

Note: If you choose to pay the security deposit directly to the landlord, make sure that you know who you are paying your security deposit to and that you have taken a look at the premises that you are renting.You should also ask for a receipt. Your landlord is required to pay the security deposit to any Service New Brunswick Service Centre within 15 days of receiving it.

 

What if my Landlord does not submit my Security Deposit to the Residential Tenancies Tribunal within 15 days?

It is an offence under the Act for your landlord to not remit the Security Deposit to the Residential Tenancies Tribunal. If your landlord doesn’t remit the Security Deposit to the Residential Tenancies Tribunal, you will need to follow the 5 steps in this Information Bulletin.

 

Need more information?

Please consult the Bulletins under the Forms & Resources section.