| A: It strikes me that you are one of the legion of property owners who rent out suites in houses, but don't have a real understanding of how the Residential Tenancy Act of BC works. Now it is going to cost you some time and money. You?re probably not going to like what I have to say so I'll get the Act to say it for me:
Section 23 (1) The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day.
(2) The landlord and tenant together must inspect the condition of the rental unit on or before the day the tenant starts keeping a pet or on another mutually agreed day, if
(a) the landlord permits the tenant to keep a pet on the residential property after the start of a tenancy, and
(b) a previous inspection was not completed under subsection (1).
(3) The landlord must offer the tenant at least 2 opportunities, as prescribed, for the inspection.
(4) The landlord must complete a condition inspection report in accordance with the regulations.
(5) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the regulations.
(6) The landlord must make the inspection and complete and sign the report without the tenant if
(a) the landlord has complied with subsection (3), and
(b) the tenant does not participate on either occasion.
Consequences for tenant and landlord if report requirements not met
Section 24 (1) The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if
(a) the landlord has complied with section 23 (3) [2 opportunities for inspection], and
(b) the tenant has not participated on either occasion.
(2) The right of a landlord to claim against a security deposit or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord
(a) does not comply with section 23 (3) [2 opportunities for inspection],
(b) having complied with section 23 (3), does not participate on either occasion, or
(c) does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.
Condition inspection: end of tenancy
Section 35 (1) The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit
(a) on or after the day the tenant ceases to occupy the rental unit, or
(b) on another mutually agreed day.
(2) The landlord must offer the tenant at least 2 opportunities, as prescribed, for the inspection.
(3) The landlord must complete a condition inspection report in accordance with the regulations.
(4) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the regulations.
(5) The landlord may make the inspection and complete and sign the report without the tenant if
(a) the landlord has complied with subsection (2) and the tenant does not participate on either occasion, or
(b) the tenant has abandoned the rental unit.
Consequences for tenant and landlord if report requirements not met
Section 36 (1) The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if
(a) the landlord complied with section 35 (2) [2 opportunities for inspection], and
(b) the tenant has not participated on either occasion.
(2) Unless the tenant has abandoned the rental unit, the right of the landlord to claim against a security deposit or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord
(a) does not comply with section 35 (2) [2 opportunities for inspection],
(b) having complied with section 35 (2), does not participate on either occasion, or
(c) having made an inspection with the tenant, does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.
Make any sense? It means this: Landlords and tenants are required to complete a condition and inspection report at the beginning and the end of the tenancy. If the landlord doesn't complete the report or give the tenant two opportunities to participate in the report then the landlord effectively gives up any right to claim against the tenant at the end of the tenancy.
If the tenant declines to participate or fails to take the opportunity to participate in the report completion, he or she effectively gives up the right to claim back the security deposit - but the onus is on the landlord first.
From my reading, in the situation you describe, there aren't any condition and inspection reports. The tenant walked, and you want $70 for your time and expenses cleaning the carpet.
My advice? Swallow the $70 and move on. Get a copy of the rules and regulations and buy a copy of my publication ?Landlording 101? which is an easy to read guide to the application of the Residential Tenancy Act of BC in just about every situation I've run across. Spending $35 in the first place for this publication would have saved you all this time, trouble and expense, and clearly would have paid for itself right away. |
