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B.C. Landlord Ordered to Return $600 Deposit After Dispute

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A dispute over a security deposit between a renter and her landlord in British Columbia has culminated in a ruling from the Civil Resolution Tribunal, which ordered the landlord to return the full amount of $600. The case stems from a failed rental agreement for a room in the landlord’s apartment, which was initially set to begin on November 1, 2023.

According to the tribunal, the applicant, who sought to rent the room, paid the deposit but later changed her mind. She informed the tribunal that she regretted her decision just a few days after the deposit was paid and requested the return of the funds.

The landlord contended that the deposit served as confirmation of the applicant’s intent to move in. “The respondent argues that she was unable to show the room to other potential renters, therefore justifying her decision to retain the deposit,” the tribunal noted in its findings.

The applicant reached out for the deposit’s return on October 5, 2023, declaring her decision not to proceed with the rental. She followed up with messages, expressing frustration over the lack of response and indicating her intention to escalate the matter to authorities.

In the ensuing communications, the landlord requested the applicant’s email, but communication then transitioned to an individual referred to as J. J informed the applicant that she would need to sign documents in person to finalize the cancellation of the rental agreement before the deposit could be refunded. The applicant declined to sign any documents on-site.

The tribunal ultimately ruled in favor of the applicant, citing several reasons for the decision. Not only had the monthly rent not been agreed upon, but there were also outstanding repairs needed in the apartment, including issues with the bathroom. Furthermore, the tribunal pointed out that there was confusion regarding the move-in date; while the applicant expressed a desire to move in on November 1, the landlord had mentioned a potential mid-month move.

In total, the tribunal ordered the landlord to return $725 to the applicant, which includes the original deposit alongside tribunal fees. This case highlights the importance of clear communication and formal agreements in rental arrangements, emphasizing that both parties must be aligned on terms before a rental agreement is deemed binding.

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