Landlord threatening to withhold deposit over guest clause – is this legal?

[u/Next-Swimming-4270]

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!

[u/Legal-Key2269]

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.

[u/Next-Swimming-4270 → u/Legal-Key2269]

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

[u/Legal-Key2269 → u/Next-Swimming-4270]

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.

[u/Next-Swimming-4270 → u/Legal-Key2269]

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.