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Tenant myth

THE MYTH

The landlord can keep the security deposit for any damage.


WHAT'S TRUE

Only actual damage beyond normal wear, and only with the tenant's written consent OR an RTB order. Otherwise the full deposit must be returned within 15 days.

THE DETAIL

Section 38 of the Residential Tenancy Act gives a landlord 15 days after the later of tenancy end and receipt of the tenant's forwarding address (in writing) to either return the full deposit OR apply to the RTB to keep some or all of it. The landlord cannot keep any portion without the tenant's written consent or an RTB order. A landlord who does neither is liable to pay the tenant double the deposit. 'Normal wear and tear' (nail holes from picture hanging, minor scuffing, fading carpet) is not deductible.

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