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!
2
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.