BC Deposit Return Demand — Residential Tenancy Act s.38
Stage-1 of the BC deposit chain. First-person demand under RTA SBC 2002 c.78. Cites s.19(1) (deposit caps half-month each), s.23/s.24 (move-in inspection), s.35/s.36 (move-out inspection), s.37 (tenant leaving obligations), s.38(1) (15-day return window from LATER of tenancy end or forwarding address), s.38(6) DOUBLING PENALTY (both prongs: landlord loses claim rights AND owes double), s.39 (1-year forwarding-address rule), s.60(1) (2-year limitation), s.84-85 (enforcement — Supreme Court / Provincial Court Small Claims under $35k). Lists RTB-12T-DR (Direct Request, written-only) vs RTB-12T-PT (Participatory) forms at tenancydispute.gov.bc.ca. UPL-safe under LPA SBC 1998 c.9 s.15(1)(a).
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Your tenancy
Tell us the basics. The 15-day clock under RTA s.38(1) runs from the LATER of tenancy end or your written forwarding address. The s.38(6) doubling penalty is the main leverage here.
This letter will cite
BC Residential Tenancy Act (SBC 2002, c.78) ss.19(1), 20, 23, 24, 35, 36, 37, 38(1), 38(6), 39, 58-60, 77, 84, 85; LPA s.15(1)(a) self-representation
Your letter cites s.38(1) (15-day rule), s.38(6) (doubling penalty — both prongs), and signals the RTB Direct Request (RTB-12T-DR) or Participatory Hearing (RTB-12T-PT) at tenancydispute.gov.bc.ca.
Under s.19(1), the security deposit may not exceed half of one month's rent.
Under s.19(1), the pet damage deposit (where charged) is a SEPARATE half-month maximum — so total deposits may reach one full month's rent. No pet damage deposit is allowed for a certified guide dog or service dog under s.18 + Guide Dog and Service Dog Act.
Best practice: use Form RTB-47 and send by registered mail or hand-deliver with witness. The 15-day clock under s.38(1) runs from the LATER of tenancy end or landlord's receipt of your forwarding address.
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This is a self-help template, not legal advice. Use of this template does not create a solicitor–client or paralegal–client relationship. Legal Profession Act SBC 1998 c.9 s.15(1)(a) confirms first-person tenant correspondence is not the practice of law. The RTB dispute portal is designed for self-filers. For free support: TRAC (1-800-665-1185), RTB info line (1-800-665-8779), CLAS, BC Legal Aid, Access Pro Bono BC.
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