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AllowedResidential Tenancy Branch (British Columbia)·

Tenant Wins Double Security Deposit Return Against Landlord

Case No. AnonDec-301341

📌 In brief

A tenant won a case at the Residential Tenancy Branch, receiving double their security and pet damage deposit amounts plus interest because the landlord failed to return or claim against these deposits within fifteen days as required by law.

Topics

tenancysecurity depositpet damage deposit

Provisions

Residential Tenancy Act (BC), s. 38(1)Residential Tenancy Act (BC), s. 38(4)Residential Tenancy Act (BC), s. 38(6)

📖 Technical summary

The Tenant successfully claimed double return of security and pet damage deposits plus interest due to Landlord's failure to comply within 15 days.

📚 Full judgment

The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.

⚖️ View on the official court website ↗

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed12 cases

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The landlord does not return a security deposit or pet damage deposit within fifteen days.
  • The landlord does not start a claim against the security deposit within fifteen days.
  • The landlord does not return the security deposit within fifteen days of getting the tenant's new address.
  • The landlord does not return the security deposit within fifteen days of the tenancy ending.
  • The tenant does not pay rent owed or challenge a notice to end tenancy within five days.

❌ Tends to be rejected

  • The tenant does not send their application notice using the correct method, like registered mail.
  • The tenant does not properly deliver their court documents as required by the rules.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

Who was involved?

A tenant and a landlord were involved in a dispute over security and pet damage deposit returns.

How did the court decide, and why?

The court decided in favour of the Tenant because the Landlord failed to return or claim against the deposits within fifteen days as required by law.

Which laws or rules were applied?

Sections 38(1), 38(4), and 38(6) of the Residential Tenancy Act (BC).

What was the argument that mattered most?

The Tenant argued that the Landlord failed to return or claim against the deposits within fifteen days as required by law.

Was the decision for or against the person who brought the case?

For the Tenant.

What does this mean for someone in a similar situation?

If a landlord fails to return or claim against security and pet damage deposits within fifteen days, a tenant may be entitled to double the amount of these deposits plus interest.

What evidence or documents mattered?

The Tenant provided a tenancy agreement, bank statements showing deposit payments, proof of service for forwarding address, and direct request worksheet.

Can a decision like this be appealed?

Yes, decisions from the Residential Tenancy Branch can typically be appealed to the BC Supreme Court within 30 days.

Is it worth getting a lawyer for a case like this?

It is recommended to consult with a qualified lawyer for advice on your specific situation.

Official source: Residential Tenancy Branch (British Columbia) — this page does not reproduce the decision; it links to the court's own publication. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Residential Tenancy Branch (British Columbia) (© Province of British Columbia). VadeLab reproduces no part of the decision text; the summary above is VadeLab's own material. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.