Security Deposit Dispute New Brunswick

Your landlord kept your security deposit, deducted charges you disagree with, or simply will not return it. You search for "small claims court" — but in New Brunswick, the Small Claims Court is the wrong place to start.

Security Deposits Go to the Residential Tenancies Tribunal

Under the Residential Tenancies Act, disputes over security deposits, rent arrears, and landlord-tenant lease obligations are handled by the Tenant and Landlord Relations Office (formerly the Residential Tenancies Tribunal), administered by Service New Brunswick. The Small Claims Court cannot decide matters within the Office's exclusive jurisdiction.

To file a security deposit dispute:

• Contact the Tenant and Landlord Relations Office — phone 1-888-762-8600 or email [email protected]
• Submit your dispute through their intake process — the office investigates and a Director issues a determination
• No filing fee — unlike Small Claims Court, the tribunal process does not require a $50 or $150 court filing fee

The tribunal handles standard residential tenancy matters: security deposit returns, unauthorized deductions, rent arrears, maintenance and repair disputes between landlords and tenants, and lease termination issues.

When a Rental Dispute Does Belong in Small Claims Court

There are narrow situations where a dispute between a former landlord and tenant can end up in Small Claims Court:

• Independent property damage — some separate property-damage claims exceeding a security deposit may enter Small Claims Court after the Tenant and Landlord Relations Office's jurisdiction ends. A landlord should not assume that damage exceeding the deposit can automatically be pursued in Small Claims Court.
• Separate contractual agreements — if the landlord and tenant had a private agreement outside the lease (a loan, a service arrangement, a shared utility agreement), that contract dispute may fall within the court's jurisdiction.
• Post-tenancy civil claims — once the landlord-tenant relationship has ended and the tribunal's jurisdiction has expired, certain peripheral claims can enter the Small Claims Court system.

The key test is whether the dispute is fundamentally about the tenancy (deposit, rent, lease terms, eviction) or about an independent civil wrong. If it is the tenancy, the tribunal has exclusive jurisdiction.

What Happens If You File in the Wrong Place

Filing a security deposit claim in Small Claims Court risks wasting your $50 or $150 filing fee. The clerk may accept the paperwork, but formal acceptance does not establish subject-matter jurisdiction. An Adjudicator may dismiss a matter the court has no authority to hear.

For a separate civil claim, the general limitation period is two years from discovery, subject to a 15-year ultimate limit and exceptions. For a Small Claims action, filing Form 1 with the court clerk is the time-stopping step; do not assume that a Tenant and Landlord Relations Office application or settlement talks stop the clock for a separate court claim.

Filing in Small Claims Court (When It Applies)

If your dispute is genuinely a civil claim — not a tenancy matter — and it falls within the $20,000 limit, the process is the same as any other small claims action:

1. File Form 1 (Claim) at the courthouse in the correct judicial district
2. Pay the filing fee ($50 for claims up to $3,000, $150 for claims above)
3. Serve the defendant within one year
4. Attend the hearing with your evidence bundle

For the full step-by-step procedure, including how to serve documents and prepare for a hearing, see the New Brunswick small claims filing guide.

Not Sure Where Your Dispute Belongs?

If you are unsure whether your situation is a tenancy matter or a civil claim, contact the Tenant and Landlord Relations Office first (1-888-762-8600). They can confirm whether your dispute falls within their mandate. For civil disputes that do qualify for Small Claims Court, the filing guide covers every form, fee, and deadline.

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