B.C. landlord ordered to repay renters after wrongly deducting from deposits
Three tenants won partial refunds after tribunal ruled utilities and cleaning costs were improperly withheld from security deposits.
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A B.C. landlord must repay three tenants after improperly deducting utilities, cleaning costs, and other charges from their security deposits, the BC Civil Resolution Tribunal ruled.
The three applicants rented rooms from the same landlord and collectively claimed $731 in reimbursement. The landlord argued the deductions were "reasonable" utility expenses and necessary cleaning costs after tenants left the house messy. One applicant's deposit was reduced by $123 for a mattress the landlord claimed had a "foul odour," though the tenant said the mattress was already degraded when they moved in and any further damage was normal wear and tear.
Andrea Ritchie, the tribunal member and vice chair overseeing the case, sided with the landlord on the mattress deduction but found other deductions violated rental rules. The tribunal allowed deductions only for water usage, gas usage, and the mattress because those costs had been agreed to in writing when the tenants moved in—a condition B.C. law permits. Tenants TP, AI, and NM received partial refunds of $150.70, $100.70, and $100.51 respectively, plus a split of $62 in tribunal fee reimbursement.
B.C. law requires landlords to return the rest of a deposit and pay interest on the full deposit amount if any portion is withheld. The decision underscores a recurring issue in B.C.'s rental market: landlords who deduct from deposits without proper tenant agreement or documented justification.
Tenants who believe a landlord wrongly withheld deposits can file claims through the BC Civil Resolution Tribunal.
How often do Vancouver-area landlords face similar complaints, and what percentage of cases rule in tenants' favour?
What recourse do tenants have if a landlord refuses to comply with a tribunal order?
We'll update this story as answers emerge.
The facts
How much did the three tenants collectively claim in reimbursement?
$731 was the total amount the three tenants collectively claimed.
What deductions did the tribunal allow?
The BC Civil Resolution Tribunal allowed deductions only for water usage, gas usage, and a mattress, because those costs had been agreed to in writing when the tenants moved in.
How much did each tenant receive in refunds?
Tenants TP, AI, and NM received partial refunds of $150.70, $100.70, and $100.51 respectively, plus a split of $62 in tribunal fee reimbursement.
