Should the maximum amount of the deposit in Sublet/Sublease follow the same rules as maximum of deposit allowed between the landlord/tenant?
I live in Vancouver, BC, Canada, where the maximum amount of security/damage deposit between the main landlord and the main tenant is half a month rent. However, I have been in situations where I have been a subtenant of a tenant and they have put 1 month rent as security/damage deposit. Now I am a tenant, and my sub-tenant has broken the lease without any valid reason, and now she says that since the maximum amount allowed between the main landlord and tenant in BC is half a month rent, AND although she still owes the rent at least for the first month and for the whole duration of the lase (since I have tried and not been able to find any replacement for her at least for one month), I still she wants half of her deposit back. I talked with a few lawyers here in BC, and they mentioned that ignore her because she owes you the rent at least for the first month and until you find a replacement for her, but the girl still insists that since maximum amount of the deposit allowed between the main landlord and tenant should not be more than half a month, I have to return have of her deposit back. I have searched a bit online but I have not been able to find anything that would say that the maximum allowed for deposit between the Subtenant and Tenant in sublet/sublease has to follow the same rule as in the main landlord and the main tenant situation. Any thoughts?
P.S: Also I am allowed to sublet/sublease by my landlord.
Answers
Karen L
Yes, it should follow the same rules. A subtenant is still a tenant. You didn't say how much security deposit she gave you, but I'll assume it was half a month's rent. A landlord may also ask for an additional half a month's rent as a pet deposit but you haven't mentioned a pet deposit. If you asked for and received more than half a month's rent as security deposit, you shouldn't have and you should give her back any amount that was more than half a month's rent. That doesn't seem fair, considering she didn't pay rent, but that's what it is. If she gave you half a month's rent as security and now owes you rent, you keep her security deposit. That's what a security deposit is for. If she can find anything in the BC Residential Tenancy Act that says it's different for subtenants, then she should show you that part of the act that says that.
If you are a landlord or a tenant, whether primary or subbing, you need to find the BC Residential Tenancy Act and be familiar with what's in it.
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