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AllowedResidential Tenancy Branch (British Columbia)·

Tenant Wins Security Deposit and Filing Fee in Dispute Resolution Hearing

Case No. AnonDec-301420

⚖️ Legal holding

A tenant is entitled to double the amount of their security deposit plus interest if the landlord fails to return it or file a claim within 15 days as required by section 38(6) of the Act.

Topics

security depositslandlord obligations

Provisions

Residential Tenancy Act (BC), s. 38Residential Tenancy Act (BC), s. 72

📖 Technical summary

The Tenant successfully recovered their security deposit and filing fee under the Residential Tenancy Act.

📚 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 did not return the security deposit within 15 days.
  • The landlord did not file a claim against the security deposit within 15 days.
  • The landlord did not return the security deposit within 15 days of receiving the tenant's forwarding address.
  • The landlord did not return the pet damage deposit or claim against it.

❌ Tends to be rejected

  • The landlord had a valid claim for unpaid rent.
  • The landlord had a valid claim for damages beyond normal wear and tear.
  • The issues were resolved by a mutual agreement and there was no breach.

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 the return of a security deposit.

How did the court decide, and why?

The court decided that the Landlord must pay double the amount of the security deposit plus interest because they failed to return it or file a claim within 15 days as required by law.

Which laws or rules were applied?

Section 38(6) and section 72 of the Residential Tenancy Act (BC) were applied in this decision.

What was the argument that mattered most?

The Tenant's argument that the Landlord failed to return the security deposit within the required timeframe under section 38(6) was crucial.

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

The decision was in favour of the Tenant.

What does this mean for someone in a similar situation?

Someone in a similar situation can recover double their security deposit plus interest if the landlord fails to return it within 15 days as required by law.

What evidence or documents mattered?

The forwarding address provided by the Tenant and the lack of action from the Landlord were key pieces of evidence.

Can a decision like this be appealed?

Yes, decisions can generally be appealed to higher courts if certain conditions are met.

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

It is always recommended to seek advice from a qualified lawyer for specific legal issues.

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.