New Brunswick Landlord Inspection Guide: Deposit Laws, Your Legal Obligations, and How to Win Disputes

New Brunswick handles security deposits differently from most Canadian provinces. Instead of the landlord holding the deposit, the government holds it. Under the Residential Tenancies Act, landlords must submit the deposit to the Director within 15 days, complete mandatory inspection reports at both ends of the tenancy, and file any damage claim within just 7 days after the lease ends. If you rent property in Fredericton, Moncton, Saint John, or anywhere else in the province, these rules are non-negotiable.

This guide covers every obligation that applies to New Brunswick landlords under the Residential Tenancies Act, R-10.2. We walk through deposit limits and the government-held deposit system, the mandatory Accommodation Inspection Report, what qualifies as damage versus normal wear, how to file and defend a claim at the Residential Tenancies Tribunal, and the documentation practices that protect your investment. Whether you manage a single unit or dozens, the same principles apply: follow the process, meet the deadlines, and document everything.

Each section below cites the specific statutory provision so you can verify the rules yourself. New Brunswick law changes from time to time, and while we keep this guide current, always confirm against the official legislation before making decisions that affect a tenancy.

Security Deposit Rules in New Brunswick

New Brunswick's deposit system is unique in Canada because the government, not the landlord, holds all residential security deposits. This structure creates specific obligations that landlords in other provinces do not face.

Maximum Amount

Under Section 10(1) of the Residential Tenancies Act, the maximum security deposit is one month's rent. If monthly rent is $1,200, the maximum deposit you may collect is $1,200. Collecting more than this amount is a violation that can result in the Tribunal ordering a full refund of the deposit.

The 15-Day Submission Rule

Section 10(2) requires the landlord to submit the security deposit to the Director of the Tenant and Landlord Relations Office (commonly called the Rentalsman) within 15 days of receiving it from the tenant. You cannot hold the deposit yourself. It must be submitted to the government within this window. This is one of the most critical deadlines in New Brunswick landlord-tenant law.

Warning: The 15-Day Deposit Submission Deadline

Section 10(2) requires landlords to submit the security deposit to the Director within 15 days of receiving it. Keeping the deposit in your own account, even temporarily beyond this period, is a violation of the Act. Landlords who fail to submit the deposit on time undermine any future claim against it. The Tribunal views non-compliance with this rule as evidence that the landlord did not follow proper procedures, and it can be grounds for dismissing your damage claim entirely.

How the Government-Held System Works

Once submitted, the Director holds the deposit in trust for the duration of the tenancy. When the lease ends, the deposit is returned to the tenant unless the landlord files a claim within the statutory deadline. The landlord does not earn interest on the deposit. The government administers the funds and processes claims through the Tenant and Landlord Relations Office.

Claim Deadline

When the tenancy ends, the landlord has only 7 days to file a claim against the security deposit for damages beyond normal wear and tear. This is one of the shortest claim deadlines in Canada. If you miss the 7-day window, the deposit is returned to the tenant in full, regardless of the condition of the unit. Mark this deadline on your calendar the moment you receive a notice of termination or approach the end of a fixed-term lease.

Inspection Requirements Under the Act

New Brunswick is one of the few provinces that explicitly requires both landlord and tenant to participate in inspections. The legislation does not leave this as optional or recommended. It uses the word "shall."

The Legal Obligation

Section 12(1) of the Residential Tenancies Act states that the landlord and tenant shall inspect the premises at the beginning and end of the tenancy. Section 12(2) requires the inspection report to be signed by both parties. This is not a suggestion. It is a statutory obligation that directly affects your ability to claim against the security deposit.

The Accommodation Inspection Report

The Accommodation Inspection Report is the prescribed form used to document the condition of the premises at move-in and move-out. This form covers every room and every component: walls, floors, ceilings, windows, fixtures, appliances, cabinets, and exterior areas. Both the landlord and tenant walk through the unit together, note the condition of each item, and sign the completed report.

The signed move-in report becomes your baseline. The signed move-out report becomes your evidence of change. Without both, the Tribunal has no way to determine what damage, if any, occurred during the tenancy. The form is available through the Tenant and Landlord Relations Office.

Standard Form Lease

Section 7(1) requires that every residential lease be in the standard form prescribed by regulation. Using a non-standard lease, or having no written lease at all, creates procedural problems that can weaken your position in a dispute. The standard form lease is available from the Tenant and Landlord Relations Office and should be used for every tenancy.

The Move-In Inspection Process

Your move-in inspection establishes the evidentiary foundation for any future deposit claim. In New Brunswick, where the claim deadline is only 7 days, having airtight move-in documentation is not just helpful. It is essential.

Step-by-Step Checklist

• Schedule the inspection with the tenant present on the day of or immediately before move-in, as required by Section 12(1).
• Complete the Accommodation Inspection Report for every room. Note the condition of walls, ceilings, floors, windows, fixtures, appliances, cabinets, and countertops.
• Record any pre-existing damage explicitly on the report. Be specific: "6-inch scratch on kitchen hardwood, near dishwasher" is useful. "Some wear" is not.
• Photograph every room from at least two angles: a wide shot from the doorway and close-ups of existing damage or wear-prone areas.
• Photograph the interior of appliances (oven, fridge, dishwasher), under sinks, and behind toilets.
• Both parties sign and date the Accommodation Inspection Report as required by Section 12(2).
• Provide the tenant with a copy of the signed report immediately.
• Store the signed report and all photographs in a secure, backed-up location.

For a standard two-bedroom unit, a thorough photo set typically contains 80 to 120 images. Date-stamped, high-resolution photographs with embedded metadata (date, time, GPS) are the gold standard and the hardest evidence to dispute.

The Move-Out Inspection Process

The move-out inspection proves that the tenant caused damage beyond normal wear. Given New Brunswick's 7-day claim deadline, you need your move-out documentation to be complete and organized before the tenant walks out the door.

Step-by-Step Checklist

• Notify the tenant in writing of the proposed inspection date and time. Offer at least one reasonable alternative. The inspection should happen on or near the date the tenant vacates.
• Conduct the inspection with the tenant present as required by Section 12(1). If the tenant declines after a reasonable offer, proceed alone and document your attempts to schedule.
• Complete the Accommodation Inspection Report again, noting changes from the move-in report for every room.
• Photograph every room using the same angles as your move-in photos for direct comparison.
• Photograph every item of damage separately, with both a close-up and a context shot showing its location in the room.
• Both parties sign and date the move-out report as required by Section 12(2).
• Obtain repair estimates or receipts as quickly as possible. You have only 7 days to file your claim.
• File your claim with the Tenant and Landlord Relations Office within the 7-day deadline.

The 7-day deadline means you cannot afford to wait. Have your documentation system ready before the tenancy ends so you can organize and file your claim immediately.

Common Mistakes That Cost New Brunswick Landlords

Landlords lose deposit claims in New Brunswick for predictable, preventable reasons. The following patterns appear repeatedly in Tribunal decisions available through CanLII.

• Failing to submit the deposit to the Director within 15 days under Section 10(2). This single violation can disqualify your entire claim.
• Missing the 7-day claim deadline after the lease ends. Once the window closes, the deposit goes back to the tenant.
• No Accommodation Inspection Report completed at move-in. Without a baseline, the Tribunal cannot attribute damage to the tenant.
• Inspection reports not signed by both parties as required by Section 12(2).
• Photographs that lack dates or are too low-resolution to show damage clearly.
• Claiming deductions for normal wear and tear rather than actual damage.
• Using a non-standard lease instead of the form required by Section 7(1).
• Failing to maintain the premises in good repair as required by Section 25(1), which gives the tenant a counter-argument that deterioration was the landlord's fault.

Every one of these failures is preventable. The landlords who win at the Tribunal are not those with the worst damage. They are those with the best records and the strictest adherence to deadlines.

Damage vs. Normal Wear and Tear

New Brunswick law distinguishes between damage caused by a tenant and normal wear and tear. You may only claim against the deposit for actual damage, never for ordinary deterioration through normal use.

Normal wear includes minor scuffs on walls, small nail holes, faded paint from sunlight, and worn carpet in high-traffic areas. Tenant damage includes large holes in walls, burns or deep stains in flooring, broken windows, extensive pet damage, and unauthorized modifications. The Tribunal evaluates each claim individually, weighing the length of the tenancy, the age of the affected item, and the condition documented on the move-in Accommodation Inspection Report.

Digital Tools and Automation

Paper-based inspections remain legally valid in New Brunswick, but they introduce unnecessary risk. Paper forms can be lost, photographs can be separated from their descriptions, and handwritten notes can be difficult to read at a Tribunal hearing. Digital inspection tools eliminate these problems by linking photos directly to room descriptions, embedding timestamps automatically, and generating formatted reports.

Tenatur generates this documentation automatically at tenatur.com, free for landlords.

Filing a Dispute at the Residential Tenancies Tribunal

When you need to claim against the security deposit for damage beyond normal wear, the process goes through the Residential Tenancies Tribunal.

How to File

You must file your claim within 7 days after the lease ends. File through the Tenant and Landlord Relations Office. You will be required to submit your evidence package and attend a hearing. The Tribunal will review your documentation and make a determination on what, if any, deductions are warranted.

Building a Winning Evidence Package

The Tribunal expects organized, thorough documentation. Landlords who present clear evidence consistently outperform those who rely on verbal testimony. Your evidence package should include:

• Signed Accommodation Inspection Report from move-in.
• Signed Accommodation Inspection Report from move-out (or evidence that the tenant was offered and declined the opportunity to attend).
• Date-stamped photographs from move-in and move-out, organized by room.
• Receipts or estimates for repairs, each tied to a specific item of damage.
• A written summary comparing move-in and move-out condition, item by item.
• Any correspondence with the tenant about the damage or deposit.
• Proof that the deposit was submitted to the Director within 15 days under Section 10(2).
• A copy of the standard form lease required by Section 7(1).

Present your evidence in chronological order. The Tribunal needs to see the story: here is the condition at move-in, here is what happened during the tenancy, here is the condition at move-out, and here is the cost to repair. Gaps in this narrative are where landlords lose.

Frequently Asked Questions

For a deeper look at why landlords lose disputes in New Brunswick even with strong evidence, read our companion post: Why New Brunswick Landlords Lose Deposit Disputes They Should Win

Sources

• Residential Tenancies Act, R-10.2 -- Government of New Brunswick
• General Regulation 82-218 -- Government of New Brunswick
• Tenant and Landlord Relations Office -- Government of New Brunswick
• CanLII -- New Brunswick Residential Tenancies Decisions
• Last accessed: March 8, 2026

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. While we strive to keep the information accurate and current, laws and regulations change over time. You should consult the official Residential Tenancies Act and seek professional legal counsel for advice specific to your situation. Tenatur is a documentation tool and is not a law firm, legal referral service, or substitute for the advice of a qualified attorney or licensed paralegal.