An Armstrong man evicted for not paying his rent is still owed his security deposit, plus interest, according to a Residential Tenancy Branch decision.
The decision comes after a hearing where the tenant attended, but the landlord did not.
According to the decision, the tenancy began in October 2024 and was set to expire in September. The rent was $1,650 per month for the unit at 360 Wood Ave., Armstrong.
The dispute surrounds the $1,000 security deposit, which the landlord withheld in an effort to recoup the loss of rent when his tenant moved out.
On April 4, the tenant vacated the property after receiving a 10-day notice to end tenancy for unpaid rent issued by the landlord on April 2.
“The landlord’s evidence suggests the landlord retained the deposit, without filing an application for dispute resolution to do so, to off-set loss of rent when the tenant moved out on April 4,” reads the decision.
Landlords are allowed to retain security and/or pet deposits if the tenant agrees in writing at the end of the tenancy that the landlord can keep funds to pay a liability or obligation of the tenant.
If written consent is not given, a landlord has 15 days from the tenancy ending, or receiving the tenant’s forwarding address, to file a dispute.
The decision found the tenant had sent the landlord their forwarding address, and the landlord failed to file a dispute.
The tenancy act also finds landlords who do not file a dispute of repay funds within 15 days must pay double the damage deposit.
The landlord must pay his former tenant $2,011.57.
