A B.C. landlord was ordered to pay their former tenant thousands of dollars following a sewage leak that caused extensive damages.
The landlord filed a claim with the Residential Tenancy Branch (RTB) on Sept. 21, 2023, for authorization to retain the tenant's security and pet deposits, an order for unpaid rent, and compensation for damages to the rental unit, according to documents.
The tenant also applied for the return of their security deposits and compensation for damage or loss.
Both parties agreed the tenancy commenced on Sept. 1, 2021, with a monthly rent of $2,750. The landlord was on vacation on the day of the hearing and their agent, named in documents as "M.C.," attended it in their absence. M.C. requested an adjournment of the hearing so the landlord could attend but the tenant said they had to ask to be excused from a scheduled class to attend it. Since the hearing was scheduled four months in advance, the arbitrator denied the request for adjournment.
The landlord did not complete an inspection report when the tenant moved in or out. These are required under the Residential Tenancy Act (RTA) and failure to complete them meant the tenant was entitled to double their deposits.
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The landlord said the tenant caused $11,347.38 in damages, and claimed over $3,000 for junk removal for items left behind, $400 for carpet removal, over $2,500 for painting, over $2,400 for yard repair, and more.
The tenant says the landlord failed to make repairs following a sewage leak
The tenant, whose child was seven years old at the time, said the unit became "uninhabitable" after a "grey and lack" sewage water leak on Aug. 13, 2023, caused black mould and overall "unhygienic conditions" in the rental unit. The landlord did not make repairs on the units and felt they had no choice but to vacate on Aug. 19, 2023.
The tenant paid August's rent and claimed a $1,064.52 reimbursement for the days after they vacated the rental unit. They also paid for half a month's rent in September and claimed $1,375. Additionally, they claimed interest on the rent payments of $63.31.
The tenant agreed that the landlord was only entitled to $267.38 for an outstanding hydro bill and refuted the landlord's claim that they were responsible for damages.
In their ruling, the arbitrator noted the landlord provided "sparse and unconvincing evidence" that the tenant caused damages to the rental unit. Further, they failed to conduct a unit inspection when the renter moved in, meaning it is impossible to show what damages existed before the tenancy commenced.
The arbitrator accepted the tenant's testimony that the sewage leak made the rental unit uninhabitable. They added that the tenant acted reasonably by moving out six days after the landlord failed to make repairs.
The renter was awarded double the security deposit (less part of the hydro bill), reimbursement for 12 days of August rent, half of September's rent, and interest on the security deposits (less part of the hydro bill).
The landlord was ordered to pay the tenant $7,735.45 on Feb. 15, 2024.
