A B.C. renter lost their damage deposit and must pay hundreds of dollars to their former landlord.
The landlord with the Residential Tenancy Branch (RTB) for $3,100 plus the damage deposit the renter paid at the start of their tenancy and to recover the $100 application for dispute resolution.
The tenancy commenced on July 1, 2021, and ran until June 30, 2022, and then operated on a month-to-month basis until the tenant moved out on July 31, 2022. the monthly rent owed on the first of the month was $3,300 and the tenant paid a $1,650 damage deposit, according to the claim documents.
The landlord made five claims which "totalled more than the $3,100 he was claiming overall," the RTB noted.
The landlord was claiming $619.50 for apartment cleaning that includes photographs of a dirty bathroom fan, a dirty washer/dryer unit, "an allegedly dirty bathroom sink, that did not look dirty in the photograph," dirt marks on the floor, a few small items left behind in the bathroom cupboard, and more (see slide two).
The landlord's invoice from his cleaners listed work that included four hours of house cleaning priced at $80 an hour and additional cleaning for removal of hair and urine odour from many areas of the apartment, as well as cleaning of the fridge and the shower basin. The cleaning totalled $619.50.
Pricey high-end cooktop significant portion of claim
The damaged Miele cooktop was the priciest expense the landlord listed in the unit damages, totalling $1,794.23. When the tenant moved in, the cooktop was nine years old and was in good condition, according to the landlord.
When the renter moved out two years later, the landlord testified that "the top was cracked – damaged." He explained: "I called around [and] the cooktop glass is not replaceable. A new unit of the same kind was $2,700, so I purchased [a different kind].”
The tenant characterized the damage as a "blemish" rather than a crack, testifying that "there’s no open glass, no dents, all four elements are still working. I would have brought it up if it wasn’t working. To replace a $2,000 stovetop that had no dents, no open glass, and just a blemish? I asked the landlord why he had to replace it, if the elements still worked?"
The renter added that it was "not visible to the naked eye unless you look really closely."
B.C. landlord asks just shy of $1,000 for paint job
The landlord's second-priciest expense was painting walls and the ceiling, totalling $913.50.
The landlord's paint job totalled $3,500 and he felt the tenant owed a portion of $870 plus tax for some areas that had dark marks from possible candle usage, holes in the wall, and other minor marks on the wall. He submitted some photos of these damages for evidence (see slide three).
Expenses for cleaning supplies ($22.89) and burned-out lightbulbs ($65.39) were also included.
Under the Residential Tenancy Act (RTA), tenants are not responsible for reasonable wear and tear of a rental unit.
How the RTB ruled
The RTB ruled that the tenant hadn't cleaned the unit satisfactorily but found the cleaner's charges dubious. It said they "double-billed some aspects, having billed for four hours cleaning, plus appliances, plus 'removal of hair, urine odour from many areas of the apartment,' but did not indicate why an additional four hours of cleaning was necessary for the other services.
The board found seven hours of cleaning for a unit that was already partially cleaned was unnecessary and deducted three hours of cleaning from the amount. The landlord was awarded $350 plus $17.50 GST for a total of $367.50.
The RTB found that the landlord met the burden of proof to show the cooktop was damaged during the tenancy from the tenancy and believed his testimony; he was awarded the full claim of $1,794.23.
The landlord had already planned to paint the unit due to mismatched wall colours left by a previous tenant. However, the tenant caused some minimal damage by drilling holes, so the landlord was awarded a nominal $100.
Additionally, the landlord was awarded the full claim of $22.89 for cleaning supplies but the board would not award him the full amount for burnt-out lightbulbs because there was only one receipt for a halogen bulb for $8.28.
The landlord was awarded $2,292.90 for the damages and recovery of $100 for the claim. Since he held onto the tenant's $1,650 damage deposit, the tenant owed the remaining $742.90.
