BC roommates end up in court after nasty dispute about eviction and deposit return

Apr 27 2024, 8:17 pm

Arguments are inevitable when you live with another person, but some can take an extreme turn. That’s exactly what happened to two BC renters when one man turned to court to get his deposit and rent back.

Jack William Cooper rented a room from Glenn Cameron Wiley in early December 2022 and claimed that he was forced out of the place less than a month later. Cooper said Wiley refused to refund him the rent he paid for January despite not living there and the damage deposit on the room.

To get back his money, Cooper took his fight to the BC Civil Resolution Tribunal to claim $2,879.65 for his paid January 2023 rent, damage deposit, and his motel costs of having to find alternate accommodation.

Cooper told the court that he was given minimal notice to vacate his room on January 4, 2023 and that Wiley had messaged him to say that he had arranged a viewing for his room that afternoon and another viewing the next day.

However, Wiley alleged a different story.

According to the decision, their relationship broke down quickly after Cooper moved in. Wiley used this breakdown to argue that Cooper abandoned the room without notice, telling the court that Cooper was fed up with the music he was playing from his room.

He told the court he gave Cooper earmuffs to deal with the loud music.

Wiley also argued that he should not have to return the damage deposit because Cooper was “given opportunities to complete the damage inspection report in order to collect the damage deposit but did not do so.”

Unfortunately for Wiley, the court did not find his version of events to be true. The court decided that text messages from Wiley about the room viewings proved that he had told Cooper to find new accommodation before the end of the fixed-term contract.

The court ordered Wiley to reimburse Cooper’s damage deposit as he failed to provide any evidence that the room was left dirty or damaged. Wiley was also ordered to repay the unused rent but at a reduced amount based on the calculation of the number of days of unused rent owed.

While Cooper succeeded in claiming back his damage deposit and rent, he was unsuccessful in claiming back the motel costs, as the court found that would “amount to double recovery.”

Wiley was ordered to reimburse Cooper $550 for the damage deposit and $958.06 for Mr. Cooperā€™s unused January 2023 rent, along with $95.07 in pre-judgment interest and $125 in CRT fees. The total amount owed summed upĀ to $1,728.13.

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