A B.C. landlord was denied a multi-thousand dollar claim for lost rent and damages from their former tenant due to a mouse and cockroach infestation.
At a hearing with the Residential Tenancy Board (RTB) on April 30, 2024, a landlord claimed lost rent after their tenant vacated the rental unit early due to an ongoing infestation. The evidence was verbally reviewed and a decision was made several months later.
The tenancy commenced on May 15, 2023, with a monthly rent of $2,750 and included $250 for utilities. The renters paid a $1,380 security deposit at the start of the tenancy, which the landlord retained at the time of the hearing.
The tenancy was to end on May 15, 2024, but the tenant gave the landlord notice to end it on Nov. 10, 2023. The tenancy ended early, on Dec.15, 2023.
After vacating the rental unit early, the tenants forwarded the landlord their new address on Dec. 19, 2023. The landlord applied on Jan. 3, 2024, for the loss of $4,125 in rental income for January 2024 and December 15-31, 2023.
The landlord said they used "social media and word of mouth" to advertise the rental property and were able to secure a new tenant by Feb. 1, 2024.
The tenants applied for dispute resolution on Jan. 26, 2024, requesting the landlord to return their security deposit as they felt it was held without cause. They also requested that it "be doubled."
B.C. renters said they had to leave because of a severe and "ongoing" infestation
The renters said they had to leave the rental unit due to an ongoing cockroach and mice infestation. They submitted several photographs of extensive renovations during their tenancy, noting that many felt unsafe and unreasonable. They felt uncomfortable having their children play in the backyard with all the construction materials.
On Dec. 4, 2023, the tenants informed the landlord in a letter that the "pest issues were ongoing and significant." The landlords testified that they dealt with the pest issue themselves and it was cleared when the renters vacated. However, the former tenants say these issues were not resolved and during the final weeks, they could hear the mice at night.
The RTB arbitrator noted in their ruling that the tenant proved a significant pest issue existed during their tenancy. However, the landlord had to prove they had taken steps to minimize damage to the rental unit and mitigate the infestation for a new tenant.
The landlord's claim for monetary loss for rental income and right to retain the damage deposit was dismissed.
The tenants filed for double their security deposit since the landlord did not return it within 15 days. However, the landlord filed their claim within 15 days, meaning the Residential Tenancy Act (RTA) provision did not apply.
The landlord was ordered to return the security deposit to the tenants with interest. The tenant was also entitled to recover the $100 filing fee under section 72 of the RTA.
The tenant was granted a monetary order of $1,497.23 on July 14, 2024.
