B.C. Civil Resolution Tribunal orders partial repayment after landlord deducted cleaning and utility fees

The Story

A B.C. Civil Resolution Tribunal decision has ordered a landlord to partially repay three tenants after the renters alleged the landlord improperly deducted fees from their security deposits, including charges for utilities and cleaning costs tied to the end of their room rentals.

The tribunal decision, overseen by Andrea Ritchie, tribunal member and vice chair, involved three applicants who rented rooms from the respondent landlord. The tenants said the landlord reduced their security deposits to cover utilities and cleaning costs, and they collectively sought $731 in reimbursement.

In submissions, the landlord argued that the deductions reflected “reasonable” utility expenses and that the property was left in a condition that required cleaning, justifying additional charges. Under the dispute process, the tribunal considered what the parties agreed to when the tenancy began, alongside contested deductions.

One applicant, TP, paid a $495 security deposit and received $259 back when moving out. The tribunal described deductions that included water, electricity and gas costs, as well as $50 for paint.

A second applicant, AI, paid a $447.50 deposit and received $261.50 back. The tribunal record indicates that deductions included utility charges and other items negotiated or claimed as part of the move-out assessment.

The third applicant, NM, paid $437.50 and received $128.50 back, receiving the smallest refund among the three. In addition to utility and cleaning-related deductions, NM’s security deposit deduction list included $123 for a new mattress.

On the mattress item, the tribunal decided in favour of the landlord. The decision stated that when NM moved out, the mattress had a “foul odour.” NM argued the mattress was not new when the applicant moved in, and that any deterioration resulted from normal wear and tear rather than issues justifying replacement.

The tribunal’s findings allowed the mattress deduction, concluding the evidence supported the charge as part of the move-out outcome. The tribunal also permitted several other deductions, where the decision notes the parties agreed to those charges when the tenancy began, which meant the tenants did not receive their deposits in full.

The tribunal also dealt with other claims that were not accepted, including allegations of harassment and claims involving illegal subletting by the landlord, which the decision described as unsubstantiated. Those issues therefore did not drive additional repayment beyond the deductions the tribunal found should be returned.

After the decision, each tenant received a partial reimbursement: TP was awarded $150.70, AI was awarded $100.70, and NM was awarded $100.51. The tribunal also ordered $62 in reimbursement for tribunal fees, divided between the applicants. The case illustrates how B.C. security-deposit disputes can turn on the specific deductions claimed at move-out and whether agreements and evidence support charges beyond normal wear and tear.

The decision also aligns with guidance from the B.C. government that landlords can request written tenant agreement to deductions from a deposit, particularly where damage goes beyond normal wear and tear. The guidance indicates that when a tenant agrees to a partial deduction, the landlord must return the remaining portion and pay interest based on the full deposit amount.