A Burnaby landlord really swung for the fences in his complaint to the B.C. Residential Tenancy Branch and came away with his hands empty.
A dispute resolution decision posted by the RTB says the landlord was demanding $5,000 in compensation from former tenants for various costs related to repairs, cleaning, painting, appliance replacement, blinds, faucets and so forth. The individual 12 items are itemized and broken down with a worksheet submitted as evidence.
“The landlord testified that the tenants failed to clean the rental unit when they vacated and that they caused various damages,” the ruling says, with the landlord saying the home was newly built.
“Everything was brand new,” said the landlord.
The tenants responded that the place was not “brand new” when they moved in and that any damage was just standard wear and tear.
What seems clear in the ruling is that the landlord wanted to basically remodel the place and gouge the tenants in the process. This feels like an abuse of process because the landlord only has to pay about $100 for an RTB dispute filing fee.
If the tenants aren’t able to show for the hearing or defend it, then the landlord cleans up.
But in this ruling, the arbitrator wasn’t buying the landlord’s arguments, despite more than 50 photos submitted.
The biggest reason was because the landlord had failed to submit an inspection report documenting the state of the rental unit at the start of the tenancy. That meant the arbitrator had no idea of how the place looked when they first moved in. This is a key point that landlords and tenants should remember because it protects both sides if there is a dispute.
The arbitrator dismissed the claims and told the landlord to pay back the damage deposit of $700.
Follow Chris Campbell on Twitter @shinebox44.
