A dispute between a landlord and tenant over an unrefunded pet damage deposit has been brought to the BC Civil Resolution Tribunal.
In one case posted online, a tenant who rented a room from a landlord did not receive $220 of the full security deposit he paid when moving in.
According to the court decision, the landlord said the tenant was entitled to withhold $200 because he had more cats than the parties had agreed to, and was also required to clean the common area carpet “due to oil stains.” He said he retained $20 for expenses.
The landlord wanted the court to dismiss the claim.
Both parties submitted evidence and written arguments.
The tenant agreed to rent the unit from May 20, 2023 to August 20, 2023, and pay a monthly rent of $1,050, a $500 security deposit, and a $200 pet damage deposit.
According to the contract, the landlord must repay the deposit to the tenant within 15 days of the end of the contract, unless the tenant agrees in writing to allow the landlord to retain that amount “as payment for unpaid rent or damages.” I was supposed to.
When the tenant moved out, the landlord deducted a $200 “pet fee,” a $20 common area cleaning fee, and a $60 cleaning fee for the tenant’s bedroom, even though the tenant did not agree to the deductions. .
The landlord and tenant disagreed on some of the facts of the case. The landlord claimed the tenant agreed to pay a $100 monthly pet fee. The tenant initially offered to pay an additional monthly pet fee, but the parties say they never formally agreed on any fees other than the pet damage deposit.
One of the landlord’s claims was that the tenant temporarily brought a third cat into the home. However, the court found that the agreement made no mention of any restrictions on the number of pets allowed.
“Text messages between the parties in evidence show that on May 6, 2023, the applicant asked the respondent if he could keep two cats in his home for a month. In the message, the respondent offered to pay an additional 100 yuan (approximately CAD 20) for that month’s rent and to pay for any damage the cat caused. “He responded that he could stay but could not go downstairs due to the complainant’s child’s allergies,” the court’s decision states.
The landlord also failed to provide evidence that the cat caused enough damage to retain the pet damage bond.
Ultimately, the court sided with the BC tenant and ordered the landlord to pay $357.84, including $220 in damages and the balance of court costs.
