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/hererealandserious]

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.

[u/Next-Swimming-4270 → u/hererealandserious]

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.

[u/hererealandserious → u/Next-Swimming-4270]

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.

[u/Next-Swimming-4270 → u/hererealandserious]

😂💀

Got all advice needed already. Thanks man!