A B.C. landlord was only entitled to a pint-sized portion of their sizable claim for unpaid rent and damages by a former tenant, according to a dispute resolution.
In a recent dispute, a B.C. tenant filed a claim with the Residential Tenancy Branch (RTB) for compensation for loss of quiet enjoyment, claiming the landlord had entered their unit without notice
The landlord filed a cross-application for thousands of dollars in damages they claimed a former tenant caused and related losses. They were also claiming half of a month's unpaid rent and to retain the security deposit.
The tenancy commenced on May 1, 2023, with a monthly rent of $6,490 and a security deposit of half the amount ($3,245). The tenancy ended on Aug. 31, 2023.
Both parties agreed that only half of the month's rent was paid in August but the tenant said they couldn't pay the full amount because they needed money for their new rental unit. They also asked the landlord to deduct it from the damage deposit.
The tenant said the landlord, who lived below the rental unit in a basement suite, entered the unit without prior notice several times. They also said the landlord brought furniture into the unit without permission and set up a camera.
The landlord refuted these claims, stating they had only knocked a few times to deal with issues that needed immediate attention. In one instance, the landlord's spouse knocked on the door when the renter's roommates were too loud.
The RTB ruled that the tenant carried the burden of proof to provide evidence that the landlord had invaded their privacy. Both parties had probable stories about when and how the events unfolded so the claims were dismissed.
B.C. landlord claims thousands in damages from renter
In addition to a half-month's rent at $3,245, the landlord was counter-claiming for damages totalling $2,445 for a long list of issues, including $450 for carpet cleaning due to stains from pets, $150 for a front door panel, $470 for a family room wall because it had dents in it, $30 for a toilet seat due to scratches, and much more (see slide two).
The landlord even filed $50 for "missing and broken light bulbs."
For several items, the landlord claimed the amount requested "was an estimate" and no invoice was provided.
The landlord also claimed they couldn't rent the unit immediately due to the poor condition.
The landlord did not do a walk-through with the renter at the start of the tenancy to record the condition of the unit before they moved in. The tenant argued it wasn't possible to evaluate damages to the unit without a full move-in inspection report.
The RTB sided with the tenant regarding the landlord's cross-application damages claim. It found the landlord failed to produce an inspection report that would provide evidence the renter was responsible for the damages.
However, the tenant signed a contract stating they would pay $495 for professional cleaning and did not agree to pay it when they left. The RTB said they owed the landlord this amount.
The RTB said the landlord was also entitled to a half month's rent ($3,245) for August but they did not have the right to retain the damage deposit ($3,299). Since they were partially successful in their counterclaim, they were allowed to recoup their $100 filing fee.
The RTB granted the landlord a monetary order of $540.08 on Feb. 21, 2024.
