B.C. renters claim they were forced to camp after eviction in legal fight

Three renters initiated a legal dispute at the BC Civil Resolution Tribunal against their former landlords in a messy eviction fight over the return of their damage deposits.

Two out of the three renters moved into a house together on Sept. 15, 2023. The third renter moved in a few weeks later.

According to the tribunal decision, one renter agreed to pay $1,300 per month for a room, with a $750 deposit. The second renter paid $1,300 with a $650 deposit. The third renter paid $1,000 with a deposit of $500.

After sifting through the evidence, the tribunal partially sided with the renters. Here’s why.

One point of contention from the landlords was that the renters refused to sign a written agreement. The renters did not dispute this. The agreement was therefore verbal, between both parties.

“In the absence of a written contractual term, I find it was an implied term of each agreement that either party had to give the other reasonable notice to end the living arrangement,” the tribunal said.

A short time later, and for reasons that the tribunal said were “greatly disputed”, the parties ended the arrangement. The respondents told the tribunal they gave the renters one month’s notice to move out on October 1, along with a written reminder a few weeks later. According to the renters, they received notice to move out on Oct. 17, 2023, and moved out that Halloween.

According to the renters, they were forced to camp on a friend’s property because they were evicted, adding that they suffered economic hardship due to their deposits not being returned. In defence, the landlords said the renters caused significant distress by having parties till 4 a.m. They added that this reality drew complaints from neighbours and even resulted in police visits.

Due to noise complaints, the tribunal found that the renters had breached the rental agreement, allowing the landlords to terminate the arrangement without providing 30 days’ notice.

The tribunal focused on determining whether the renters were entitled to their deposits. The landlords offered several reasons for retaining the deposits, including claims that the applicants had caused damage, owed utilities, removed items, and failed to clean specific areas of the home.

The tribunal found that the renters were responsible for utility bills for the period between Sept. 15, 2023, to Oct. 31, 2023. The two renters who moved in early owed $150.74, and the third owed $100.14. It also found that the landlords were entitled to retain $100 from each renter for failing to clean common areas.

Thanks to photos submitted by the landlords as evidence of the damage caused to some flooring, the tribunal found that the respondents were also entitled to retain $50 from each renter for the damage.

One of the renters allegedly damaged a closet door that had a hole and a broken doorknob. The tribunal found that it was more likely than not that the renter caused the damage and deducted an additional $100 from the deposit.

The BC Civil Resolution Tribunal found that each of the renters was entitled to a portion of their full deposit following their eviction, which totalled $436.63, $267.01 and $267.65, respectively.