A strange B.C. rental dispute made its way to the Civil Resolution Tribunal, and an allegedly gifted electric blanket was a key point of contention in the case.
The applicant/tenant in the B.C. rental dispute, SP, was renting a room from the landlord, TC, who was also the applicant’s roommate.
Sometime during the rental, the applicant subletted her room to a third party, then moved into a third room that she says was being rented by her friend. TC eventually charged her $200 for the use of the room.
The applicant told the tribunal she was improperly charged because she had her friend DM’s permission to stay there. She also said that the landlord charged her $60 for not returning a gifted electric blanket.
In defence, the landlord/respondent said that DM was no longer renting the room when the applicant was staying there, implying that the friend had no right to let the applicant use it.
In response to the electric blanket claims, the landlord said that the electric blanket was part of the room’s furnishings, not a gift for individual tenants. He also told the tribunal he was entitled to keep $260 from the security deposit.
The applicant moved into the home in August 2023 with a number of roommates, including the landlord. Rent was $1,500 per month with a $750 deposit that the applicant paid. The tribunal decision says that a welcome document explains that he and his family would be roommates, “sharing thier home with various other people.”
It listed five non-family roommates, including the aforementioned friend and the landlord’s girlfriend, brother, and parents. It also contained some guidelines and rules on living together and about the home’s amenities.
SP’s lease was set to expire at the end of August 2024, and she determined she didn’t need her room for all of August 2024, so she sublet it to someone else. She then needed a place to stay before moving out, and asked DM if she could use their room. SP asked DM if she was still paying rent, and DM said they’d paid until the end of June, and thought they would also pay for July and August.
The tribunal said that by this time, SP had already moved her things into DM’s room, who said they didn’t mind. TC said that DM never paid for July and August.
SP moved out after staying in the room for four nights, and TC charged her $50 per night. The tribunal found that SP stayed in the room without having the right to do so and that TC was entitled to deduct that amount from her deposit.
The electric blanket
An electric blanket was one of SP’s main issues in the B.C. rental dispute.
On Oct. 2, 2023, in a message to his housemates, TC said it was getting cold and that he got everyone a heated electric blanket. He left them in the living room and told everyone to grab one.
SP understood the blanket was a gift. TC said that the blankets were akin to furniture, comparing them to a vacuum cleaner. SP provided an email from another housemate, SA, who was also under the impression that the blankets were a gift.
The tribunal found that TC was not entitled to keep $60 for the electric blanket.
Ultimately, TC was ordered by the tribunal to pay SP $125.72, which included pre-judgement interest on the $60 portion of her deposit that was improperly withheld, and the rest in tribunal fees.