Renter sues landlord for keeping her rent money after being evicted

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A renter in BC recently took a landlord to court after being evicted following a dispute.

It’s a tale as old as time, involving a landlord refusing to refund a tenant’s rent following an early move-out, claiming the tenant had damaged property.

This case was between the renter, Sharon Cletheroe, and the person Cletheroe was renting from, Gaylene Paquet. Paquet was being represented by her son in the small claims case.

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Cletheroe rented a room for about seven months before getting an eviction notice from Paquet on February 28, 2022, although she let Cletheroe stay for a portion of March.

At some point on March 9, there was a dispute between the two parties, at which point Cletheroe left the home. Cletheroe claims Paquet refused to refund her March rent. She claimed $1,000 for rent and $3,000 for moving expenses to Alberta to find affordable housing.

Paquet claims that she kept the partial March rent to cover damage caused to her property by Cletheroe and that she owes the renter nothing.

The problem for Paquet was that outside of a “witness,” she didn’t have any proof of the damage. The court also didn’t buy that it was a credible witness.

“Paquet provided a witness statement from her friend describing the damage she says Ms. Cletheroe caused. I place little weight on this evidence as I find the witness was unlikely to be independent or neutral,” said the tribunal member overseeing the case.

Paquet didn’t have any pictures of the alleged damage either.

Ultimately, Cletheroe couldn’t convince the tribunal member that she should be awarded for moving expenses, but Paquet was ordered to pay a portion of the March rent that she kept, totalling $700. She also had to pay $9.11 in pre-judgment interest.

This case is another reminder that in a matter of being evicted, whether you’re a landlord or renter, always document everything!