Tenant only lasts a few days in B.C. rental after bedroom discovery
A tenant from B.C. only lasted a few days in her rental home after discovering some not-so-great realities in her new room, leading to a B.C. Civil Resolution Tribunal dispute.
According to the tribunal decision, the renter, HGM, claims that the person who rented out the room (ML) breached the agreement due to failing to provide safe, habitable housing.
HGM was seeking damages of $1,089 for what she paid in rent, plus her security deposit of $1,350.
ML responded by saying that no agreement was breached. The tribunal did not see it that way, and this case is a good reminder of why a thorough inspection is a must before moving into a new home.
On July 29, 2023, the two parties agreed on the rental terms over WhatsApp.
HGM would pay a $1,350 security deposit and $1,089 for rent for August 2023. While the tenancy technically began on Aug. 6, 2023, HGM was out of town. The tribunal’s decision stated she would not be in town until Aug. 24, 2023.
After HGM finally began living in the home, she discovered some things that made her uncomfortable. For example, she claimed there were water stains on the dining room and her bedroom ceiling. She also claimed to have found a mouse dropping in her bedroom, a mouse trap, and what she believed to be black mould under the bedroom window where some paint was missing.
She also claimed that a piece of the ceiling fell on her bed and that she woke up with a sore throat one of her first few days living there. Then, after just those few days, she left on Aug. 27, 2023, and returned on Sept. 1, 2023, to get her belongings.
While HGM didn’t get an in-person inspection, she did get a virtual tour. During that tour, she was informed that there was no mould or water damage. HGM felt this was why the agreement was breached. HGM claimed she was promised no mould; however, she had no proof of that claim.
Even though HGM couldn’t back up her claims of the promise of a clean room, the tribunal turned to the implied terms of the agreement.
HGM provided photos of a mouse dropping, the mouse trap, the dark stain on the wall, and the piece of the ceiling that fell. LM said these were only paint and cosmetic issues.
She also provided additional evidence in the form of WhatsApp messages from Aug. 27 that revealed a conversation about water damage that did take place. She also asked for a mould test, but LM refused. The tribunal agreed that LM breached the agreement by not taking steps to alleviate HGM’s concerns.
Within 30 days of the decision, LM was ordered to pay $490.67, which included pro-rated rent and tribunal fees. She did not win her damage deposit back because of an agreement between the parties.