The B.C. Residential Tenancy Branch (RTB) sided with a landlord for lost rent despite their tenants living with rodent issues.
The tenancy commenced on Sept. 1, 2023, for a fixed term ending on Aug. 31, 2024, and then on a month-to-month basis. However, the tenants vacated the unit on Dec. 28, 2023.
The monthly rent was $3,800 and a security deposit of $1,900 was paid at the start of the tenancy.
The landlord sought $3,800 in compensation, though during the hearing "they indicated a total of $5,850 comprising of lost rental income and move-out fees was sought from the tenant," according to the .
The landlord claimed the tenant breached the tenancy agreement by ending the tenancy before the end of the fixed term, resulting in a loss of rental income. They claimed one and a half months in unpaid rent, totalling $5,700, plus $150 in unpaid move-out fees charged by the strata corporation.
The Landlord said the tenants contacted them on Dec. 10, requesting to end the tenancy on Feb. 29, 2024, because they wanted to move closer to the school their children attend. However, they claimed the tenants reached out again on Dec. 17, stating they would vacate the unit on Dec. 31.
While the landlord started looking for a new tenant immediately, they didn't secure one until March 15. A copy of the online advertisement for the rental unit dated Dec. 11, was submitted as evidence.
Tenants could hear "mice chewing at night"
The tenants said rats were discovered in the rental unit after they arranged the initial move-out date. In Nov. 2023, they found holes in the walls they believed were made by rodents. They caught rodents making holes in food bags "their children had eaten from," could hear them chewing at night, and their "family struggled to sleep," according to the testimony.
The tenants sought $3,800 compensation (the equivalent of one month’s rent) since they had to move out early due to the rodent issues. They argued that since the holes in the unit had been closed off, the landlord knew the rodents were already there. They also stopped using their kitchen after they found the rats in December 2023; they did not feel it was sanitary or suitable for habitation.
The landlord said the tenants notified the property manager of the rodent issue on Nov. 24, who wanted to send someone to check the unit "but the tenant had said they wanted more time to observe the issue before action was taken."
The landlord testified that they never experienced rodent issues before the family moved in when they lived in it. They said the holes were stuffed following a leak in the building.
Residential Tenancy Branch says tenants breached their rental agreement
The RTB ruled that the parties mutually agreed on Feb. 29 as the "move-out date" and the tenant breached the contract. While a tenant can legally end a contract early if a landlord breaches a material term of the contract, they must provide sufficient notice before they vacate the unit; they must also notify the landlord that they are ending the tenancy early because of this and explain why they consider it a breach of a material term.
The RTB also found it reasonable that the landlord couldn't find a new tenant until March since their former renter vacated the unit on short notice over the holidays.
The landlord was granted a monetary order of $5,700 for unpaid rent and, since their claim was successful, they recouped their $100 filing fee. Since the landlord retained the renter's security deposit plus interest ($1,928.36), this amount was subtracted from the claim.
The tenant was ordered to pay the landlord $3,871.64 at the April 24 hearing.
The tenant's claim was dismissed without leave to reapply.
