B.C. renter's actions lead to loss of damage deposit in legal fight
A B.C. renter initiated a legal fight against her former acting landlord and roommate because they kept the damage deposit.
The roommate, EL, agreed that the renter, AC, paid a $445 deposit, but added that she was entitled to keep it due to how the tenant treated her room. They also claimed the tenant owed money for utility bills, left behind personal belongings, and left the rental unclean.
According to the BC Civil Resolution Tribunal decision, the renter felt they were overcharged for the deposit since the rent was $750. They claimed that, based on the Residential Tenancy Act (RTA) rules, the deposit could not be more than 50 per cent of the rent.
In response to that claim, the tribunal said the RTA does not apply to this roommate dispute. There was also no written contract incorporating RTA provisions. A text in evidence showed that both parties agreed to the $445 deposit, with EL attributing the extra money to the furnishings included in the rental.
EL told the tribunal that AC damaged the bedroom wall, while AC claims the walls already had numerous markings and scuffs when she moved in.
“She admits that she removed a ‘small amount of paint’ when she took down her pictures,” the tribunal decision states. The renter added that the paint damage was minor and “easily fixable.”
When the tribunal saw pictures of the room, it disagreed with the renter’s claims.
“I find the applicant significantly damaged the bedroom wall.”
EL provided pictures of the room from the rental advertisement before the renter moved in, showing intact walls with no damage.
“The applicant provided no other photos to prove her assertion that the walls had pre-existing damage.”
The renter pointed to a text from when she moved in asking if she could repaint the room. She attempted to use this text as proof that the walls were already damaged, but the tribunal again disagreed.
“I find that if the walls were damaged, the applicant would have mentioned this when she asked to paint,” the tribunal said.
The evidence was stacked against the renter. The roommate provided other photos after the renter moved out, showing six pictures left mounted on the wall. The image also showed a “significant amount of adhesive material” stuck to parts of the wall and other areas where the drywall had dents.
In another photo, the tribunal observed the drywall’s surface layer torn off in one area. Refuting what the renter initially claimed, the tribunal said the wall damage was not minor or easily fixable.
Needless to say, the renter lost the fight for their damage deposit. This case is a good reminder to always take photos before and after you start a rental, whether you’re a renter or a landlord.