A B.C. landlord was unsuccessful in proving a former tenant caused over $1,500 in damages to a shower and bathtub.
The landlord filed a claim with the Residential Tenancy Branch (RTB) for damages they claimed the tenant caused to the shower and bathtub totalling $1,659.22. They said the downstairs tenant contacted them to report a leak from the rental unit above on May 8, 2023. When they attended the unit on May 10, 2023, they said the "whole bathroom" was damaged by the tenants but they had never contacted the landlord.
The tenancy commenced around November 2020 with a monthly rent of $1,950 through a verbal agreement with the landlord. The tenants paid a security deposit of $775 and vacated the unit on Nov. 30, 2023.
The landlord provided several invoices for repairs made to the bathroom, including:
- Invoice for the removal and replacement of the shower cartridge, with a balance due of $781.31.
- Invoice for the removal and installation of the tub drain, with a balance due of $515.55.
- Invoice for the replacement of the shower diverter and handle, with a balance due of $362.36.
The tenants argued that many things in the unit weren't working well since the building was constructed in 2006 and the landlord hadn't made any upgrades. They also claimed the plumber told them the bathtub leak was caused by an existing crack and supplied their report and photo as evidence.
The tenants also said the plumber advised them that the diverter had carvings due to age and "normal wear and tear."
Landlord did not perform an inspection report
The landlord did not perform a move-in or move-out inspection report and the parties did not have a written agreement about what party would retain the tenant's security deposit.
The RTB said the landlord had to prove on a balance of probabilities that the tenant had damaged the bathtub. However, they did not perform a move-in report to prove it was cracked before. It also noted that the plumber's invoices did not include receipts showing the landlord had paid for the repairs; they only showed how much the plumber wanted to charge for the work.
The landlord was also not permitted to retain the security deposit because they did not create an agreement in writing that they could keep it.
The landlord was ordered to return the security deposit plus interest ($796.31) and the tenant's $100 filing fee on April 15, 2024.
