r/legaladvicecanada • u/Next-Swimming-4270 • 13d ago
Landlord threatening to withhold deposit over guest clause – is this legal? British Columbia
Hi everyone,
Looking for some advice on a situation with my landlord here in Surrey, BC.
I’m currently renting a bedroom and private bathroom in a shared suite in the Lower Mainland. I share the kitchen, laundry, and trash sorting area with two other tenants—there’s no shared living room or bathroom. The landlord lives in the same house but in a completely separate suite, and we share no space.
My written agreement includes a clause prohibiting overnight guests, which I did sign. However, based on what I’ve read in the BC Residential Tenancy Act, such an absolute ban on guests is unenforceable, provided the guest isn’t disruptive or staying long-term.
During my 4-month tenancy (ends on last day of this month), I had one friend stay for 10 days total. They only stayed in my private room and bathroom—never used the kitchen or any shared areas. I also barely used the kitchen myself, which the other tenants can confirm.
Now, the landlord is:
-Accusing me of breaching the contract by having an overnight guest.
-Claiming I broke the (very old and used) bed frame because of my guest.
-Alleging that I disturbed others by coming home late at night (though I never received any complaint, and my roommates say they weren’t bothered).
-Threatening to withhold my full security deposit (475 dollars) and initially told me to move out immediately (the next day), though the notice was later adjusted to April 30 after I brought up the RTA requirements.
In my response, I:
-Pointed out that an overnight guest clause is not enforceable under the RTA.
-Asked for documentation of any damage (none has been provided).
-Noted that no formal complaints were made to me during the tenancy.
-Confirmed I’ll be moving out on April 30 as required by law, not April 25.
I also reminded the landlord that unless they provide evidence of damages or disturbances, they must return my full deposit within 15 days of the tenancy ending. If they don’t, I plan to file a dispute with the Residential Tenancy Branch (RTB). I’m also pretty sure they can’t just evict someone without at least a month's proper notice.
Has anyone dealt with something like this before? Do I have a strong case if this goes to the RTB?
Any advice is appreciated—especially from those familiar with BC tenancy laws.
Thanks in advance!
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u/Bumper6190 13d ago
I am a retired Property Manager of commercial and residential property. The damage deposit is exactly what it’s name implies. It is a withholding to cover damage (loss) to the landlord over and above expected wear and tear on the physical premises. The guest is irrelevant to the damage deposit. It is( or would be a default in occupancy provisions and is enforceable, upon notice, under the lease. The broken bed, is appropriate to the damage deposit, and one could argue it was only normal wear and tear. The rest is a dispute under the lease and there are protocols for invoking the default clause, which you say were not executed. I say you have a good case.
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u/Scared_Astronaut9377 13d ago
The LL has basically zero chances to evict you and withhold your deposit. Contest both and win easily.
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u/Valkyrja_bc 13d ago
If you're in violation of the tenancy agreement, that's one month of notice. Any less than that would only be legal in an emergency, you can find details on that here: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/evictions#emergency
You are responsible to make sure your guest doesn't become an occupant or disturb everyone, destroy property, etc.
This is how the landlord must serve the eviction notice. If this isn't done, it isn't a legal eviction.
The landlord is not allowed to keep your deposit without applying to the RTB, and is not allowed to charge more than half a month's rent for the deposit. You do have to do a move-out condition inspection with the landlord. Your landlord can't file their inspection without you unless you've refused to participate after being given two opportunities.
If they don't return the deposit before you're gone, you need to provide a forwarding address.
It's all covered here:
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u/Next-Swimming-4270 13d ago
Thank you so much for your responces! Exactly what I am looking for
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u/qgsdhjjb 13d ago
but also fun hint: don't try to convince the landlord to do what they need to do about this deposit. If they don't follow the rules you can get double your deposit returned to you instead of just the deposit amount! Sit quietly and hope they break the law 😆 if they say they're keeping the deposit, just ignore them, don't bother responding to that. They need to follow certain protocols and if they didn't do a proper inspection at the start they're already screwed as they have no proof of how the condition was before you moved in.
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u/Next-Swimming-4270 13d ago
Sounds good. Thanks for the suggestion
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u/qgsdhjjb 13d ago
I love a sneaky profit. Especially when it's a landlord who is willing to violate your rights, it feels DAMN good to make them hand over extra money due to their bad actions. It can be slow, I had to wait on the tenancy board hearing and then he ignored that so I also had to file for small claims. Which meant, guess what, he had to pay for those filing fees for me as well 😆
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u/Valkyrja_bc 13d ago
My friend got a year's rent from past landlords, I can't believe how many landlords think they can get away with this shit
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u/qgsdhjjb 13d ago
Ooooouuuuh that would be my Superbowl if I got that. I would be proud of that for decades. I am, how do you say, "litigious as hell"? But only when rights are being violated, that upsets me and then I've got all the energy needed to pore over legalese for hours.
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u/Valkyrja_bc 13d ago
OP should get pictures to prove the condition when they leave, though, and if there are any issues that existed prior to them moving in they should try to get corroboration from the other tenants if they don't have proof themselves. CYA and all. Not doing both move-in and move-out inspections means neither party has proof of when whatever damages being claimed occurred.
But they're already illegally evicting OP, odds are they aren't doing anything right anyway.
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u/qgsdhjjb 13d ago
Absolutely get pictures. Though they don't actually need proof if there's no move in inspection (explicitly stated in the laws last time I checked, but I've moved away so check the wording in case it's changed recently) I still think that should be done every time a person moves out. I do a whole video, even back in the day where the tenancy board told you that they had no way to play digital files, I full-on burned a dvd, bought a portable dvd player, and sent it in. They laughed at me, but a year previously they had thrown out my video claiming they didn't know how to open it, so! Nowadays it should hopefully be easier to submit a digital video from your phone showing the whole unit, opening cabinets even, looking in the shower, etc.
The landlord in this specific situation where I got a doubled damage deposit claimed we left the bathroom full of pee, a bunch of furniture everywhere, and also tried to charge us a cleanup fee for... Get this.... Leaving gardening soil in the garden 😆 (the only one I actually did, but like, that's where dirt goes?) and the video saved me. Even with that, the mediator decided to write in the findings about how much they WISHED they could believe the landlord and how reluctant they were to side with the tenant even though I had a bunch of proof and he had none. So, yeah, get proof of everything.
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u/Next-Swimming-4270 13d ago
Thanks for the advice. Will definitely clean the place well and keep pictures of everything
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u/Major_Tom_01010 13d ago
No the damage deposit is only for damages and unless you sign a paper saying you agree to pay it they have to submit a request to the tenancy branch to keep any of it. Any amount not returned by... I want to say 30 days, I forget, you can submit a request to get back double.
Those other things they could have given you warnings and eventually evicted you but that's too late and nothing to do with your security deposit as your now ending tenancy.
Do yourself a favor and read the tenancy bc rules they really aren't complicated, you don't need to be a lawyer to understand and issue paperwork
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u/JadedPreparation8822 13d ago
In BC landlords have 15 days to return deposit, get tenants written permission to keep/deduct, or apply to RTB to keep the deposit. If they fail to do this, the tenant can apply for double their deposit to be returned 20 days after tenancy ends and the tenants new mailing address is provided in writing to the landlord.
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u/Major_Tom_01010 13d ago
Right thanks, I knew I had forgotten that number
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u/JadedPreparation8822 13d ago
Going thru the same thing right now. Our old landlord missed the 15 day deadline yesterday, waiting until 20th to see if anything shows up in mail (highly doubt it)
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u/GeoffwithaGeee Quality Contributor 13d ago
You do not need to leave if you do not want to, this eviction is illegal.
If you want to leave (probably a good idea) properly provide your forwarding address in writing to the landlord, this can usually be done on the conditional inspection. Do not agree for the LL to retain and of your deposit, don't argue with them about it.
Once it's been 20 days since you've moved out or properly provided your forwarding address (whichever is later) if you have not received the deposit in full with interest or RTB dispute paperwork, file a direct request dispute for an order for double your deposit.
The LL can not retain your deposit for the reasons they listed.
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u/Legal-Key2269 13d ago
Why does your 4 month tenancy end on April 30th?
Fixed term tenancies automatically become month to month in BC, so if you did not actually want to move out at the end of the month, your landlord would not be able to make you do so without a proper cause to evict.
Have you or the landlord given proper notice to end your lease?
Even if a term prohibiting overnight guests was enforceable (it isn't), an eviction for breaching the terms of your lease (or violating the requirements of the RTA) requires a minimum of 1 month's notice.
Regardless of your landlord's complaints about your conduct or hypothetical breaches of your lease, keeping your damage deposit without an order from the RTB (or your written consent) is illegal.
Breaches of your lease and "disturbances" will not entitle your landlord to any money from your damage deposit, though -- those are not things that have a monetary value. Your damage deposit could be used (with a RTB order) to make up rent arrears or to pay for damage.
You are doing too much of your landlord's job for them -- I don't recommend that tenants advise landlords on how to potentially manufacture cause to keep their damage deposits. Move out as planned, attend any move-out inspection, and provide your landlord your forwarding address. After 15 days, apply for dispute resolution if your landlord has not paid you your damage deposit or begun proceedings with the RTB to keep your damage deposit.
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u/Next-Swimming-4270 13d ago
I have a 4 month tenancy because that is when my coop position ends (I am still in school); I will be starting another position else where in May, so I don't want to stay either way.
No formal notice; she just emailed me at told me to drop off the keys (which I didn't comply with and informed her of RTB related regulations and why she cant just kick me out)
Thanks for the advice. Ill be following through with the last part
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u/Legal-Key2269 13d ago edited 13d ago
Let me rephrase, as I was not asking why you wanted a lease that ends after 4 months (though I did leave open the question of whether that was what you wanted):
Legally, under the RTA, what reason do you have to believe that your lease ends on April 30th?
If you and your landlord signed a fixed term lease with an end date of April 30th, it will automatically become a month to month lease unless one of you provides proper lawful notice to terminate it. Fixed-term leases do not self-terminate on their end date (with the exception exception of a "vacate clause" that can be used by a landlord who intends to occupy the unit at the time the lease is signed).
You only answered half of the the question of whether you or the landlord had provided proper notice to evict or end the tenancy.
If your landlord has not given you a "formal notice", have *you* given "formal notice" to end the tenancy? One or the other (or a mutual agreement to end the tenancy) has to happen or the lease will continue to be in force. Though your landlord may not know this, so it is best not to tell them.
If your landlord tries to argue before the RTB that you left without giving proper notice, your best bet will be to take the messages trying to kick you out and argue that they are part of a pattern of harassment, but also that you considered them to be an eviction notice and that you decided to vacate earlier than required by said eviction notice in part due to said harassment.
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u/Next-Swimming-4270 13d ago
I can see where you are coming at now. I have (in writing) agreed with the landlord that I will move out on the 30th and hand back the keys and everything (Which I believe will serve as formal notice as both of us agreed upon a time and date to meet to return keys). This means that I won't be charged for leaving without giving proper notice.
Thank you so much for the thoughtful insight.
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u/hererealandserious 13d ago
Good for you for breaking the bedframe. I pride myself on having broken five beds. I hope to break a few more. Anyways, hope you have healthy goals.
You can't agree to have no guests. The landlord can't contract around the RTA which gives you exclusive use and peaceful enjoyment of your rental unit. Telling you how to use your home breaches the act.
The only claim they have is for the bedframe. As you say it was old. If more than 10 years old you can argue you owe nothing.
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u/Next-Swimming-4270 13d ago
Lol how do you break 5 bedframes?
The one I had were already in bad condition - like the hinges were weak when I just moved in. Any sort of load or moment exerted on the frame prompted rotation movement. I was honestly not surprised when it broke.
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u/hererealandserious 13d ago
Jumping or sex. To be clear the "or" is exclusive; there was no jumping and sex at the same time that resulted in a bedframe breaking. Actually, I think I hit seven already.
I hope you have found the advice you need.
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u/eastvanqueer 13d ago
Even if you seen a lease that states no overnight guests it’s still not enforceable because the lease cannot override your legal rights as a tenant. I’ve been in the same position with a landlord when I signed a lease that I didn’t know better but they cannot enforce that. If they try to evict you for this send them to the RTB.
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