My landlord did a move-out inspection and didn’t give me a chance to attend. They say they won’t give my security deposit back because they found some damage. Can they just refuse to return my deposit?
A tenancy can end for many reasons. Sometimes you choose to leave because you've found a better place or need a change. Sometimes your landlord tells you to go, which can feel unfair and frightening. Whatever brings you to this point, know there are laws your landlord must follow, rights you can claim, and resources available to help you through the process.
What you should know
Most rental housing situations in BC are governed by the Residential Tenancy Act. This is BC’s main law setting out protections for tenants and landlords. It applies to a broad range of rentals, from apartments to secondary suites to rented strata units. The information below applies to rentals covered by this main tenancy law.
There are some types of rentals that fall outside of this main law. We explain them in learning which laws govern your tenancy.
Your landlord can evict you by giving you a proper notice to end tenancy. Your landlord can only evict you for reasons set out under the law. Common reasons include you’ve failed to pay rent or the landlord wants to use the unit themselves.
You can dispute any type of eviction notice. Doing so forces your landlord to prove they are legally allowed to evict you. At the hearing, you’ll get the chance to challenge your landlord’s version of the facts. Or show they’re not following the rules. If you win the dispute, you don’t have to move out.
Here, we explain what you need to know about evictions and renovictions. We unpack how the law works. And we tell you about your rights and protections in different eviction situations.
If your landlord is pressuring you to leave or has given you notice, we have practical steps to deal with the threat of eviction.
We also have detailed guidance on dealing with a landlord’s use eviction. As well, we step you through how to get compensation if the landlord doesn’t use the unit as they said they would.
To end your tenancy, you must give your landlord written notice. The notice must include the address of the rental unit. You must also say what date you’re moving out (called the effective date of the notice). Keep a copy for yourself and consider taking a photo as backup.
You can find a template for a notice to move out on the Tenancy Resource & Advisory Centre‘s website.
For a month-to-month tenancy
For a periodic tenancy, the landlord must receive your notice before the final month’s rent is due. It must be received by the landlord at least one month before the effective date of the notice.
For a fixed-term tenancy
For a fixed-term tenancy that requires you move out at the end of the term (such as where the landlord plans to use the unit), you don’t need to give the landlord notice.
If you’re in a fixed-term tenancy that does not require you to move out at the end of the term, you must give written notice if you want to move out. Otherwise at the end of the term, the tenancy will convert to a month-to-month tenancy. Your landlord must receive the notice before the date the rent is due. And they must receive it at least one month before the effective date of the notice.
Sometimes there are two or more tenants on a fixed-term tenancy agreement, and only one leaves. We discuss the rights and obligations of each tenant in these circumstances.
Breaking a lease
You generally can't leave a fixed-term tenancy early unless your landlord agrees or there are special circumstances (such as family violence). The Tenancy Resource & Advisory Centre has some information on a tenant’s rights and responsibilities when they end the tenancy early. You could end up owing the landlord some money for breaking the lease. But your landlord should also take steps to replace you.
You may be able to end a tenancy if your landlord breaches a material term – for example, if they refuse to provide essential services such as heat, electricity or water. You must give written warning that a term has been breached. And ask the landlord to fix the breach. If after a reasonable time the landlord still hasn’t done so, you can give the landlord written notice to end the tenancy.
A mutual agreement to end tenancy is a written agreement between you and your landlord where you both agree to end your tenancy on a specific date. Landlords and tenants can use mutual agreements any time during a tenancy (including during a fixed-term tenancy). Sometimes this can work out well for both sides, but it's important to understand what you're giving up before you sign anything.
Any mutual agreement to end tenancy should be written down and signed by both you and your landlord. The government has a standard form you can use (form RTB-8). Even if you sign a different form of the agreement, it will be legally binding. Make sure the agreement clearly states when you'll move out and any terms you have negotiated with your landlord.
We explain how this kind of agreement may be used when the landlord wants to end the tenancy. In this situation, you may want to negotiate a cash amount for you to leave that is acceptable to you. Make sure the agreement clearly states how much you'll be paid and when.
If you are feeling pressured to sign, or don’t understand the terms of the agreement, reach out for help. You can contact the Tenant Resource & Advisory Centre (1-800-665-1185), a legal clinic, or a lawyer. Here are some free and low-cost options for legal help.
"I was renting a two-bedroom apartment with a couple, Ana and Carlos. A few months into our lease, I started noticing things weren't right between them. This made me feel unsafe and I realized I couldn't keep living there. The problem was we were only six months into a one-year lease. But I found out I could end my tenancy early because of household violence, even though it wasn't directed at me. I'm in a safe place now and still checking in on Ana, hoping she'll find a way out of her situation, too."
– Mika, Burnaby, BC
Tenancies usually end when a landlord or tenant gives notice. But other special circumstances can bring about the end of a tenancy. These include things like foreclosure, or damage by flood or fire that makes the unit uninhabitable.
A tenant can give one month’s notice to end a fixed-term tenancy if they or others need to leave to protect themselves from family or household violence. To do so, the tenant needs to get a statement signed by a third party to verify the circumstances (form RTB-49). Examples of people who can sign the statement include a doctor, social worker, police officer or counsellor.
In situations where there is imminent danger to the health or safety of a landlord or another occupant, the landlord can apply to the Residential Tenancy Branch to end a tenancy early. This is instead of issuing a one-month eviction notice. An example might include a tenant tampering with a smoke detector. The branch will decide whether to issue an order that ends the tenancy early.
A move-out checklist
Moving out — whether initiated by you or your landlord — is a busy and stressful time. Taking care of your responsibilities and knowing your rights can make the process smoother. A good move-out can help you get your full deposit back and might even lead to a positive reference from your landlord for a future rental. At the same time, don't be afraid to firmly ask your landlord to follow through on their obligations.
You're responsible for cleaning your unit so it's in similar condition to when you moved in, accounting for normal wear and tear. This means cleaning appliances (inside and out), floors, windows, walls and baseboards. If you had pets, smoked, or lived there for more than a year, look into having the carpets professionally cleaned. Take photos of your cleaned unit to protect yourself if there's a dispute later about whether you cleaned properly.
Your landlord must offer to do a move-out condition inspection with you. This is where you both walk through the unit together and document its condition on a checklist. This inspection is crucial — it helps prove what condition the unit was in when you left. Your landlord must offer you two opportunities to inspect the unit.
If your landlord doesn't complete this inspection report, they may lose their right to claim any of your deposit for damages. Your landlord must give a copy of the signed report. Always take your own photos and videos. These can be especially helpful if there’s a dispute if there was no written report, or if you disagree with the report.
After you move out and give your landlord a forwarding address in writing, they have 15 days to take the following actions:
return your deposit,
get your consent to keep some or all of the deposit, or
file for dispute resolution.
If your landlord doesn't do any of these things within 15 days, you may be entitled to get double your deposit back. You have two years from your last day of tenancy to apply for this through dispute resolution. We have more on getting your security deposit back in our common questions below.
Return all keys, fobs and access devices to your landlord on your move-out date. Get written confirmation that you returned them. Your landlord must return any post-dated rent cheques to you on or before your last day of tenancy. If they don't give them back, ask for them in writing and keep a copy of your request.
Your landlord can show the unit to potential tenants
Your landlord must give you 24 hours' written notice before each showing. Showings must happen at reasonable times, and you have the right to be present. You don't have to make your home perfect for showings, but keeping it generally tidy is reasonable. If showings are happening too frequently and disrupting your life, talk to your landlord about spacing them out.
You’re protected from discrimination
Under BC law, you’re protected from discrimination when renting a place to live. If you’re treated badly or unfairly because of a protected characteristic, such as a disability, this is against the law. This applies to all stages of a tenancy, including your move-out rights.
If you face a disadvantage due to a protected characteristic, your landlord may have a duty to accommodate you. The duty to accommodate only extends to the point that it causes undue hardship. What the duty to accommodate requires when you’re moving out depends on the context.
For example, severe hoarding is a compulsive disorder and can be a mental disability. It means collecting so many things that your living space becomes filled with them. It can often pose safety or health hazards.
Generally, tenants are required to remove all of their belongings by the move-out date. If you leave things behind, your landlord can dispose of them. They may make a claim against you for removal and storage costs.
Someone with a hoarding disorder may have difficulty removing all of their belongings by the move out-date. If that’s you, let your landlord know about your condition and that you would like to be accommodated under human rights law. For example, you can ask for more time to move out. Get any agreement in writing. It’s better to get ahead of this. Just leaving your belongings in the rental unit can cost you money and create legal problems.
Common questions
At the end of a tenancy, here's the framework around the return of security deposits.
The condition inspection report
At the end of the tenancy, you and the landlord together must do an inspection of the rental unit.
The law says that the landlord must offer you at least two opportunities to do the inspection. If you fail to participate in either of the two opportunities for inspection, you may lose your right to get your security deposit back.
The landlord must complete a condition inspection report. A landlord who does not give you two opportunities or does not complete the report may lose the right to claim against the security deposit for any damages to the unit or building.
The landlord must give you a copy of the inspection report within 15 days after you move out or when they get your forwarding address — whichever is later.
The landlord must do one of three things
After you move out and give them a forwarding address in writing, the landlord must do one of the following things within 15 days:
return the security deposit and any pet damage deposit with interest
ask you to agree in writing to any deductions the landlord wants to keep, and then return the rest of the deposits
file a dispute resolution application asking to keep some or all of the deposits
If the landlord does none of these things
If the landlord fails to do any of these things, you may be able to get double your deposit back.
If you give the landlord your written forwarding address within one year of moving out, but the landlord doesn’t return the deposit, you can apply for this remedy. You’d apply to the Residential Tenancy Branch for dispute resolution by direct request for an order that the landlord return double the deposit. With a direct request, you submit a written application and evidence to the branch. Someone from the branch reviews the written evidence and sends their decision to you and the landlord. You have two years — from the last day of your tenancy— to apply for this.
If you don’t give the landlord your forwarding address within one year of moving out, they can keep the security deposit and the pet damage deposit.
More on getting the security deposit back
The Tenant Resource & Advisory Centre has more on getting your deposit back, including a template letter to request its return. The BC government has information on deposits including a tool that can calculate the interest owing on a deposit.
Normal wear and tear is the natural deterioration that happens from everyday living over time. You're not responsible for this. Examples include carpet wearing thin in high-traffic areas, paint fading or showing minor scuffs, small nail holes from hanging pictures, or appliances wearing out from regular use over several years.
You are responsible for damage beyond normal wear and tear. This includes things like large holes in walls, broken windows or doors, burns or major stains on carpets, broken appliances from misuse, or damage from unauthorized changes you made to the unit.
The length of your tenancy matters. What's normal wear and tear after five years might be considered damage after five months. When in doubt, take detailed photos when you move in and move out. These can help prove whether deterioration was normal or if you caused damage.
Once you've given proper written notice to end your tenancy, you can't change your mind unless your landlord agrees in writing. If you decide you want to stay, talk to your landlord right away and ask if they'll let you withdraw your notice. Get any agreement in writing. If your landlord says no and thinks you won't move out as planned, they can apply for an order that forces you to leave on the date you said you would.
Generally, no. You're required to pay your rent every month until your tenancy ends, including your last month. The only exception is if you're entitled to one month's rent as compensation for certain types of evictions (like landlord's use or renovictions). In those cases, you can keep your final month's rent as compensation instead of waiting for your landlord to pay you.
If you withhold rent when the law doesn’t say you can, your landlord can give you a 10-day eviction notice for unpaid rent, keep money from your damage deposit to cover the missing rent, or take legal action against you. It's not worth the risk. Pay your rent as usual and work out deposit returns and any owed compensation separately.
Your landlord is required to offer you the opportunity to do a move-out condition inspection. If they won't schedule one or don't respond to your requests, document everything. Send them a written request (by email or letter) asking for an inspection, and keep a copy. Try reaching out multiple times if needed.
On your move-out day, do your own thorough inspection. Take detailed photos and videos of every room, including close-ups of appliances, floors, walls and any areas that might be disputed later. Make sure your photos are time-stamped. If possible, have a friend or family member with you as a witness.
If your landlord tries to keep your damage deposit without having done an inspection with you, this strengthens your case to get your full deposit back. Your landlord must prove any damage existed, and without an inspection report, they'll have a hard time doing that.

