A B.C. woman who rented space in an apartment from another woman is entitled to the damage deposit she paid, B.C.’s Civil Resolution Tribunal said April 11.
Kayla LaFreniere lived with Shaylene Dekock-Kruger for about six months. She left in April 2021.
Dekock-Kruger rented the apartment from a commercial landlord.
When LaFreniere moved in, she paid Dekock-Kruger a $650 damage deposit. However, when LaFreniere moved out, Dekock-Kruger did not return the damage deposit.
LaFreniere said she thoroughly cleaned the rented rooms and filled wall holes. She said she caused only normal wear and tear and was entitled to a full refund of her damage deposit.
Dekock-Kruger, however, said LaFreniere damaged various things and she had to repaint LaFreniere’s rooms.
Tribunal member Micah Carmody said the burden was on Dekock-Kruger to prove she was entitled to keep the deposit by proving the damage she alleges.
The commercial landlord did not impose any charges when Dekock-Kruger moved out not soon after.
Texts between the two women showed Dekock-Kruger had purchased some redecorating supplies.
"Ms. Dekock-Kruger did not submit any evidence about the cost of these supplies,” Carmody said.
Carmody did charge LaFreniere for her dog chewing a pillow, urinating on Dekock-Kruger’s patio tiles and for repainting the rooms.
Carmody said Dekock-Kruger was entitled to deduct $175 from the damage deposit.
Dekock-Kruger was also ordered to pay LaFreniere’s $125 in tribunal fees.
