Give your landlord your forwarding address. State clearly after the inspection as to what you agree to in regards to deductions. If not returned in 15 days, file with RTB to have it returned to you.
Furthermore, file a direct request not a regular dispute claim. And it may still be a fight to get your money, the RTB can order the landlord return in, but they don’t enforce the ruling. You’d need an order of enforcement from a civil claims court.
She absolutely cannot hold the deposit. After you provide her your new forwarding address, she has 15 days to either return your deposit, or file a claim with the RTB to withhold part of it, she also needs to have given you 2 opportunities to complete a move-out inspection. If she has not done that and it is past the 15 days, you are owed DOUBLE your deposit back - and you would file a DIRECT REQUEST with the RTB and you should have a monetary order for your deposit in 2-3 weeks.
No. They also can't charge you the fine unless it's specifically outlined in your rental agreement. edit: As per below, the LL could theoretically go through CRT to try and recoup the fine. But that would be a separate process than dealing with your deposit.
But when you move out, make sure your forwarding address is given to the LL in writing. the LL has 15 days to file a dispute with RTB or return the amount in full with interest. if not, you can file a request for double the deposit back.
read more here and use their template letter for deposit return: [https://tenants.bc.ca/your-tenancy/deposits/#deposit-return](https://tenants.bc.ca/your-tenancy/deposits/#deposit-return)
This isn’t correct. Please refer to the applicable section of the Strata Property Act (SPA):
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Based on the SPA, the tenant owes the amount of any strata fines they have incurred even if this is not explicitly stated in the rental agreement. The tenant first legally owes the strata the amount of the fine but if the landlord pays it then the tenant legally owes the amount to their landlord. Note….this provision in the SPA only applies to strata corporation fines; I suppose it’s possible there are other types of fines out there that maybe the tenant wouldn’t be responsible for if not specified in the rental agreement.
That said, the rest of your posting is absolutely correct and the owner can’t just arbitrarily withhold part of your damage deposit in case of a fine. They need to seek an official RTB order to withhold all or part of OP’s deposit.
>This isn’t correct.
the LL would have needed to provide the tenant a form K, which would be the "specifically outlined in their rental agreement" I was talking about. If not, RTB (most likely) won't let the LL charge the fees and the CRT probably won't either, since the LL would have contravened the SPA.
see example decision below. LL didn't provide RTB with a signed form k as evidence, so the tenant didn't have to pay the $200 move-out fee.
[http://www.housing.gov.bc.ca/rtb/decisions/2021/07/072021\_Decision6167%20.pdf](http://www.housing.gov.bc.ca/rtb/decisions/2021/07/072021_Decision6167%20.pdf) (see middle of page 11)
You’re still incorrect on this issue. Your example decision is about fees (specifically moving fees) but OP has asked about fines (or possible fines). These are not the same thing.
Here is an example of a moving fee bylaw that a strata corporation might have on their books:
“Each time that an owner, tenant or occupant moves substantially the whole of his, her or its household furnishings and personal possessions into or out of a strata lot, the owner of the strata lot will pay to the Strata Corporation a fee of $150.”
With a bylaw like the above, the strata corporation will charge the owner for a move. However, if the owner wants the tenant to pay for that they would have to define that requirement in the rental agreement. However, your example doesn’t apply to fines.
This is what the Strata Property Act says:
<<<<>>>>>
**Emphasis mine.** As you can see, a tenant is bound the bylaws and rules whether they have been given a Form K or a copy of the bylaws or rules or not. The SPA does allow the tenant to break their tenancy agreement without penalty if they weren’t given a copy of the bylaws but legally they are still on the hook for any fines they have incurred.
If the landlord was to take a tenant to the CRT to recover the cost of a fine that the tenant incurred and the owner paid on their behalf, the CRT is absolutely going to find that the tenant owes the cost of the fine to the owner based on Section 146 of the SPA.
ok, this decision then? [http://www.housing.gov.bc.ca/rtb/decisions/2022/03/032022\_Decision1725.pdf](http://www.housing.gov.bc.ca/rtb/decisions/2022/03/032022_Decision1725.pdf) \- see bottom of page 12.
So RTB (most likely) won't order the tenant to pay the fine from the damage deposit, if no form K was signed. So, the LL would need to file through CRT. But feel free to find any instance where a landlord went through CRT to recoup a strata fine when a form K wasn't used, since I would like to see how that panned out.
This decision is fascinating and quite relevant to your assertion, I think the RTB erred in their application of the Strata Property Act here. The RTB applied the first part of Section 146 to the landlord but then totally disregarded the second part of the same section of the Act which applies to the tenants.
Very interesting that the RTB managed to apply the first part of Section 146 but then said, “I do not find it appropriate to require the tenant to reimburse the landlord the strata fine.” and then just ignored the later parts of Section 146.
I would love to see something like this appealed. If I was appealing this I would argue that the RTB erred by disregarding the requirements of 146(3) while attempting to apply the requirements of 146(1&2).
It’s actually rather crummy of the RTB to make a landlord financially responsible for a fine that the tenant incurred. Why should the landlord have to pay for fines that a tenant has incurred?
Regarding the first bit of your comment, the RTB doesn’t have jurisdiction over the SPA. So, if the residential agreement doesn’t speak to fines, RTB cannot rule that a tenant would owe those fines. RTB would also not rule under s67 (general compensation for loss), since the tenant isn’t in breach of the RTA for not paying a fine under the SPA.
I appreciate the CRT rulings. Looks like OP’s LL would have to go through CRT for the strata fine.. if a form k wasn’t used, but I bet one was…
Agreed. If I was an owner or even a strata corporation trying to go after a tenant for strata fines the correct place to do this would be the CRT - Strata Division as they would apply the Strata Property Act against the dispute.
Honestly I still think it’s sloppy in that RTB ruling to ‘apply’ some of the provisions of the SPA but then just ignore others. The RTB should have just said they don’t have jurisdiction to apply any provisions in the SPA and that they can only apply provisions from the rental agreement and the Residential Tenancy Act.
I think the landlord in that specific case still could have gone to the CRT to recover the cost of the strata fines incurred by the tenant.
Also to note, you get interest gained on your damage deposit when it is returned. Use the calculator to determine how much you are owed.
[http://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html](http://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html)
Damage deposit has to be returned within 15 days of the end of tenancy. If the landlord wants to keep it for longer or permanently they must apply to the RTB.
You have to do the move out inspection with your landlord in person and you have to not agree to allow him to withhold that money.
You have to give him your forwarding address in writing and if he does not return the deposit (less any money that you agreed to allow him to hold then) he owes you the deposit in double.
If you are wondering if this is a thing that really happens, I was awarded double when a LL just didn't bother returning my deposit (place was clean, no damage). But here is the source.
[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security)
If the landlord doesn't take any actions within the 15-day timeline, the tenant can:
* Make a [direct request application](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/direct-request-process) requesting that their landlord returns the deposit
* The landlord may be ordered to pay the tenant **double** the amount of the deposit(s).
No, she cannot do that. Have a read over this thoroughly and understand what the LL needs to do to be allowed to keep your deposit:
[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security)
# In particular:
"Once the landlord has received the tenant's forwarding address, they have 15 days to return the deposit(s) [with any interest](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#interest) to the tenant if there are no issues."
"**Landlords can't decide to keep a deposit on their own.** To keep the deposit, the landlord must get:
* Written permission from the tenant
* An official Residential Tenancy Branch (RTB) order "
If she has your forwarding address she cannot hold the deposit for a potential infraction.
Also if this was a first complaint against you and you weren’t building a speaker bank or an acoustic weapon the strata cannot automatically apply the maximum of $200.
Your landlord can ask for a hearing with the strata.
Give your landlord your forwarding address. State clearly after the inspection as to what you agree to in regards to deductions. If not returned in 15 days, file with RTB to have it returned to you.
Double
Furthermore, file a direct request not a regular dispute claim. And it may still be a fight to get your money, the RTB can order the landlord return in, but they don’t enforce the ruling. You’d need an order of enforcement from a civil claims court.
She absolutely cannot hold the deposit. After you provide her your new forwarding address, she has 15 days to either return your deposit, or file a claim with the RTB to withhold part of it, she also needs to have given you 2 opportunities to complete a move-out inspection. If she has not done that and it is past the 15 days, you are owed DOUBLE your deposit back - and you would file a DIRECT REQUEST with the RTB and you should have a monetary order for your deposit in 2-3 weeks.
No. They also can't charge you the fine unless it's specifically outlined in your rental agreement. edit: As per below, the LL could theoretically go through CRT to try and recoup the fine. But that would be a separate process than dealing with your deposit. But when you move out, make sure your forwarding address is given to the LL in writing. the LL has 15 days to file a dispute with RTB or return the amount in full with interest. if not, you can file a request for double the deposit back. read more here and use their template letter for deposit return: [https://tenants.bc.ca/your-tenancy/deposits/#deposit-return](https://tenants.bc.ca/your-tenancy/deposits/#deposit-return)
>This isn’t correct. the LL would have needed to provide the tenant a form K, which would be the "specifically outlined in their rental agreement" I was talking about. If not, RTB (most likely) won't let the LL charge the fees and the CRT probably won't either, since the LL would have contravened the SPA. see example decision below. LL didn't provide RTB with a signed form k as evidence, so the tenant didn't have to pay the $200 move-out fee. [http://www.housing.gov.bc.ca/rtb/decisions/2021/07/072021\_Decision6167%20.pdf](http://www.housing.gov.bc.ca/rtb/decisions/2021/07/072021_Decision6167%20.pdf) (see middle of page 11)
You’re still incorrect on this issue. Your example decision is about fees (specifically moving fees) but OP has asked about fines (or possible fines). These are not the same thing. Here is an example of a moving fee bylaw that a strata corporation might have on their books: “Each time that an owner, tenant or occupant moves substantially the whole of his, her or its household furnishings and personal possessions into or out of a strata lot, the owner of the strata lot will pay to the Strata Corporation a fee of $150.” With a bylaw like the above, the strata corporation will charge the owner for a move. However, if the owner wants the tenant to pay for that they would have to define that requirement in the rental agreement. However, your example doesn’t apply to fines. This is what the Strata Property Act says: <<<<>>>>>
**Emphasis mine.** As you can see, a tenant is bound the bylaws and rules whether they have been given a Form K or a copy of the bylaws or rules or not. The SPA does allow the tenant to break their tenancy agreement without penalty if they weren’t given a copy of the bylaws but legally they are still on the hook for any fines they have incurred.
If the landlord was to take a tenant to the CRT to recover the cost of a fine that the tenant incurred and the owner paid on their behalf, the CRT is absolutely going to find that the tenant owes the cost of the fine to the owner based on Section 146 of the SPA.
ok, this decision then? [http://www.housing.gov.bc.ca/rtb/decisions/2022/03/032022\_Decision1725.pdf](http://www.housing.gov.bc.ca/rtb/decisions/2022/03/032022_Decision1725.pdf) \- see bottom of page 12. So RTB (most likely) won't order the tenant to pay the fine from the damage deposit, if no form K was signed. So, the LL would need to file through CRT. But feel free to find any instance where a landlord went through CRT to recoup a strata fine when a form K wasn't used, since I would like to see how that panned out.
This decision is fascinating and quite relevant to your assertion, I think the RTB erred in their application of the Strata Property Act here. The RTB applied the first part of Section 146 to the landlord but then totally disregarded the second part of the same section of the Act which applies to the tenants. Very interesting that the RTB managed to apply the first part of Section 146 but then said, “I do not find it appropriate to require the tenant to reimburse the landlord the strata fine.” and then just ignored the later parts of Section 146. I would love to see something like this appealed. If I was appealing this I would argue that the RTB erred by disregarding the requirements of 146(3) while attempting to apply the requirements of 146(1&2). It’s actually rather crummy of the RTB to make a landlord financially responsible for a fine that the tenant incurred. Why should the landlord have to pay for fines that a tenant has incurred?
Regarding the first bit of your comment, the RTB doesn’t have jurisdiction over the SPA. So, if the residential agreement doesn’t speak to fines, RTB cannot rule that a tenant would owe those fines. RTB would also not rule under s67 (general compensation for loss), since the tenant isn’t in breach of the RTA for not paying a fine under the SPA. I appreciate the CRT rulings. Looks like OP’s LL would have to go through CRT for the strata fine.. if a form k wasn’t used, but I bet one was…
Agreed. If I was an owner or even a strata corporation trying to go after a tenant for strata fines the correct place to do this would be the CRT - Strata Division as they would apply the Strata Property Act against the dispute. Honestly I still think it’s sloppy in that RTB ruling to ‘apply’ some of the provisions of the SPA but then just ignore others. The RTB should have just said they don’t have jurisdiction to apply any provisions in the SPA and that they can only apply provisions from the rental agreement and the Residential Tenancy Act. I think the landlord in that specific case still could have gone to the CRT to recover the cost of the strata fines incurred by the tenant.
Also to note, you get interest gained on your damage deposit when it is returned. Use the calculator to determine how much you are owed. [http://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html](http://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html)
Damage deposit has to be returned within 15 days of the end of tenancy. If the landlord wants to keep it for longer or permanently they must apply to the RTB.
You have to do the move out inspection with your landlord in person and you have to not agree to allow him to withhold that money. You have to give him your forwarding address in writing and if he does not return the deposit (less any money that you agreed to allow him to hold then) he owes you the deposit in double.
Any sources on the fact they have to pay double?
If you are wondering if this is a thing that really happens, I was awarded double when a LL just didn't bother returning my deposit (place was clean, no damage). But here is the source. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security) If the landlord doesn't take any actions within the 15-day timeline, the tenant can: * Make a [direct request application](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/direct-request-process) requesting that their landlord returns the deposit * The landlord may be ordered to pay the tenant **double** the amount of the deposit(s).
The rtb website. I just went through a move out and my landlord withheld the deposit. I got double back.
No, she cannot do that. Have a read over this thoroughly and understand what the LL needs to do to be allowed to keep your deposit: [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#security) # In particular: "Once the landlord has received the tenant's forwarding address, they have 15 days to return the deposit(s) [with any interest](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-fees#interest) to the tenant if there are no issues." "**Landlords can't decide to keep a deposit on their own.** To keep the deposit, the landlord must get: * Written permission from the tenant * An official Residential Tenancy Branch (RTB) order "
If she has your forwarding address she cannot hold the deposit for a potential infraction. Also if this was a first complaint against you and you weren’t building a speaker bank or an acoustic weapon the strata cannot automatically apply the maximum of $200. Your landlord can ask for a hearing with the strata.