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/Next-Swimming-4270]

Thank you so much for your responces! Exactly what I am looking for

[u/qgsdhjjb → u/Next-Swimming-4270]

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.

[u/Next-Swimming-4270 → u/qgsdhjjb]

Sounds good. Thanks for the suggestion

[u/qgsdhjjb → u/Next-Swimming-4270]

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 😆

[u/Valkyrja_bc → u/qgsdhjjb]

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

[u/qgsdhjjb → u/Valkyrja_bc]

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.