Question: I have a one-year fixed term lease, but it’s not written down (we just verbally agreed). After seven months, I need to move out. My landlord now says I owe the remaining five months of rent. Is that true?
Answer:
Despite the fact that you did not sign a written lease, there may be a valid tenancy in place following the payment of the security deposit:
Landlords are required to prepare a written agreement for every tenancy. Even if a landlord doesn’t prepare one, the standard terms of a tenancy agreement still apply. Also, paying a security deposit establishes a tenancy, even if there is no written tenancy agreement and if the tenant never moves in.
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements
With respect to ending a tenancy, if a tenant does not serve proper notice or leaves a tenancy early, they may be required to pay compensation if the landlord loses money. However, a landlord cannot deduct from your security deposit any amount they wish to compensate for losses. The landlord has a duty to mitigate their losses and, as part of that duty, they should attempt to re-rent the unit for a reasonable amount. If it takes two months for them to re-rent the unit than that would be part of their valid losses and the tenant would be responsible for paying those.
If a tenant wants to dispute the amount of money that they received back from a landlord (if any), they are certainly able to do that by initiating a complaint with the BC Residential Tenancy Branch. If you are interested in doing so or want more concrete advice, you can call the Residential Tenancy Branch at 604-660-1020 or send an email to HSRTO@gov.bc.ca. The Residential Tenancy Branch can be quite helpful if you have general questions about what a landlord is permitted to do or what to make a complaint.