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DELIVERED BY [HAND / REGISTERED MAIL / ORDINARY MAIL / EMAIL TO THE ADDRESS FOR SERVICE YOU PROVIDED / MAIL SLOT AT YOUR BUSINESS ADDRESS]
Date: [YYYY-MM-DD]
To (landlord):
[LANDLORD'S FULL NAME OR COMPANY NAME]
[ATTENTION: PROPERTY MANAGER / AGENT, IF ANY]
[LANDLORD'S ADDRESS FOR SERVICE]
[EMAIL FOR SERVICE, IF THE LANDLORD PROVIDED ONE]
From (tenant):
[TENANT'S FULL NAME(S)]
*Subject: Forwarding address in writing and request for return of security deposit [AND PET DAMAGE DEPOSIT] — [RENTAL UNIT ADDRESS], under section 38 of the Residential Tenancy Act***
Dear [LANDLORD'S NAME]:
1. The tenancy has ended
My tenancy of the rental unit at [RENTAL UNIT ADDRESS, UNIT NUMBER, CITY, BC] ended on [YYYY-MM-DD]. I vacated the unit and returned [NUMBER] keys [AND FOBS / REMOTES] on [YYYY-MM-DD].
[CHOOSE ONE: The move-out condition inspection was done with [NAME] on [YYYY-MM-DD], and I received a copy of the report on [YYYY-MM-DD]. / No move-out condition inspection was offered to me. / The move-out inspection was offered on [YYYY-MM-DD]; I attended.]
2. My forwarding address in writing
This letter is my forwarding address in writing for the purposes of section 38(1)(b) of the Residential Tenancy Act. Please send the deposit and any documents related to this tenancy to:
> [TENANT'S FULL NAME]
> [FORWARDING STREET ADDRESS]
> [CITY, PROVINCE, POSTAL CODE]
> [OPTIONAL — EMAIL FOR SERVICE: [EMAIL ADDRESS]]
3. The deposits I paid
Deposit Date paid Amount ($)
Security (damage) deposit [YYYY-MM-DD] [AMOUNT]
Pet damage deposit [YYYY-MM-DD OR "NOT PAID"] [AMOUNT OR 0]
Total [TOTAL]
4. What I am asking for
Under section 38(1) of the Residential Tenancy Act, within 15 days after the later of the day the tenancy ended and the day you receive this forwarding address in writing, you must either:
(a) repay the deposit[s] to me in full, with interest calculated under the Residential Tenancy Regulation; or
(b) apply to the Residential Tenancy Branch for dispute resolution claiming against the deposit[s].
I have not agreed in writing to any deduction from the deposit[s]. Please send the payment by [INTERAC E-TRANSFER TO [EMAIL OR PHONE] / CHEQUE MAILED TO THE ADDRESS ABOVE / ANOTHER METHOD].
Under section 38(6) of the Act, a landlord who does not do either of these within the 15 days may not claim against the deposit[s] and must pay the tenant double the amount.
[OPTIONAL — USE ONLY IF THE 15 DAYS HAVE ALREADY PASSED:]
5. The deadline has passed
You received my forwarding address in writing on [YYYY-MM-DD] [AS SHOWN BY MY PREVIOUS LETTER / EMAIL / TRACKING NUMBER [NUMBER]]. More than 15 days have passed since the later of that date and the end of the tenancy. You have not repaid the deposit[s] and, as far as I know, you have not applied to the Residential Tenancy Branch.
I therefore ask you to pay me $[DOUBLE THE DEPOSIT AMOUNT], being double the deposit[s] under section 38(6)(b), plus interest, by [YYYY-MM-DD]. If I do not receive it by then, I will apply to the Residential Tenancy Branch for an order for the return of double the deposit[s] under section 38.1 of the Act, without further notice.
Sincerely,
______________________________
[TENANT'S FULL NAME]
[PHONE] · [EMAIL]
Enclosures (copies):
1. Tenancy agreement (page showing the deposit[s])
2. Receipt or bank record of the deposit payment[s]
3. [MOVE-IN AND MOVE-OUT CONDITION INSPECTION REPORTS, IF ANY]
4. [PHOTOS OF THE UNIT AT MOVE-OUT, IF ANY]
NOTES BEFORE SENDING — delete this part
The clock starts with this letter. The landlord's 15 days run from the later of the end of the tenancy and the day the landlord receives your forwarding address in writing (Residential Tenancy Act, s.38(1)). Deliver it in a way the Act allows (s.88 and Regulation s.43): in person, to the landlord's agent, by ordinary or registered mail, in the mailbox or mail slot, attached to the door at the landlord's address, or by email to an address the landlord gave for service.
When is it "received"? If mailed, it is deemed received on the 5th day after mailing; if attached to the door or left in the mail slot, on the 3rd day (s.90). If emailed to an email address the landlord provided for service, on the 3rd day (Residential Tenancy Regulation, ss.43–44). Hand delivery counts that day.
Don't wait too long. If you do not give a forwarding address in writing within one year after the tenancy ends, the landlord may keep the deposit[s] (s.39).
Double the deposit. If the landlord neither repays nor applies to the RTB within the 15 days, they must pay double (s.38(6)). You can apply to the RTB for an order for double the amount (s.38.1).
Exceptions. You may lose the right to the deposit if you did not take part in the move-in or move-out inspection after the landlord offered two opportunities (ss.24(1), 36(1)). The landlord may keep an amount you agreed to in writing, or one ordered by the RTB (s.38(3), (4)).
Interest is set by the Residential Tenancy Regulation, s.4: 4.5% below the prime lending rate of the Province's principal banker on January 1 of each year, compounded annually.
The Residential Tenancy Branch also has a short form for giving a forwarding address (RTB-47); this letter gives the address and makes the demand in one document.
Other RTB claims must generally be filed within 2 years after the tenancy ends (s.60).
Keep proof of how and when you delivered this letter (receipt, tracking, sent email).
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