Damage Deposit for ONLY 1 Month Fixed Term Rental - Please Help

[yakitori]

Hi,



I have a bit of a complex issue. I have been living at my mother's house in Vancouver, BC with my wife and paying rent of $600 for 1 room. My wife's niece and nephew have also been living there for about a year and was doing homestay with my mother. So my mother was receiving the homestay money.

There has been a lot of miscommunication and emotional problems and initially my mother threatened us to get out by the end of Feb (it was only 1 week before the end of the Feb at the time).

I know legally from the Residential Tenancy Act she cannot do this, even if you have cause you must give at least 1 month notice. I don't even think she has cause to do this. Anyway, she talked to some people and realized how unreasonable it was so she said she will give us till the end of March. We all are sick and tired of everything and plan to move out once we find a place but we will definitely be moving out by the end of the month. We paid her the rent as always, and this morning she was upset for no reason (perhaps revenge) and then asked us to pay her for a damage deposit.

So now my question is, if we are only staying there for 1 month (not month to month, ONLY till the end of the month) are we still required to pay for a damage deposit?

I read on the Residential Tenancy page that "A landlord must return the security deposit or pet damage deposit within 15 days of the tenancy ending". So I'm not sure whether it's still required just for a one month fixed term rental. I hope to get a response ASAP as I'd have to address this issue with her.

All of this has been very stressful on all of us.

Any help is greatly appreciated.

 

[Sherilynn]

Unfortunately the Residential Tenancies Act does not apply to your situation. A mother is legally entitled to kick her adult children out of the house whenever she feels like it. Sorry.



So the answer to any questions regarding this situation is that you and your mother can make whatever arrangements you like, but nothing is legally binding.



To confirm (just in case BC is different than Alberta, but I doubt it in this case), please call your local "Landlord and Tenant Advisory Board."



Best of luck.

 

[yakitori]

Thank you for your response. I will also add that my mother is the one who was taking care of my wife's niece and nephew for homestay and kicking them out as well. Also, my wife and I signed a rental agreement discussing the rental that we pay so essentially she is treating us like tenants. So even though she is my mother, wouldn't the Residential Tenancy Act apply since we signed a rental agreement and we have been paying all this while? Plus the homestay is her responsiblity. What cause does she have in kicking them out as well?

 

[Sherilynn]

In Alberta,



"The RTA does not apply to:

...Rooms in the living quarters of a landlord, if the landlord actually resides there"



and I'm guessing that BC is the same. This would mean the rules in the Act cannot be applied to get your mother to do (or stop doing) anything.



You are at the mercy of your mother. If it were me, I'd nod and smile and get my own place as soon as possible.

 

[Sherilynn]

This also means that you are not legally required to pay a deposit to your mother. This is something you have to work out between yourselves. But by the sounds of it, if you pay her the deposit you will never see that money again. Call it a "security donation."