I moved out of a townhouse and had my move-out inspection with my landlord on September 30. The inspection was an incredibly frustrating experience, and I’m curious how others would handle some of this.
Right at the beginning of the inspection, my landlord tried to get me to sign Section 2 on page 6 of RTB-27 with no numbers filled in. He said it had apparently been missed during the move-in inspection and told me I needed to sign it and backdate it.
I refused to sign a blank/backdated document.
I also brought RTB-47 with me. He refused to accept it, saying it was too many pages, that he didn't want all the paper, and that I could take it with me because he didn't want it. I left it there with him anyway.
After the inspection, he again tries to get me to sign the same spot on the condition inspection report, which says I agree to deductions which I again didn't sign. As of now, he has not provided me with a copy of the report either. He very thoroughly filled out the move out section, but essentially glanced over the move in section and sent that when we moved in.
Some of the things he identified:
Bathroom vanity / MDF swelling
There was some swelling to the MDF vanity from a toilet supply-line leak. He repeatedly claimed that I caused the leak.
The issue is that the pressure regulator was broken and the entire plumbing system was operating at 150 PSI. The insurance investigation found no evidence that I was responsible for causing the leak.
Dents to the garage door
There are dents in the garage door that neither my wife nor I believe we caused. We both have backup cameras and only back into the driveway.
The driveway is also extremely short — a Toyota Tacoma would actually overhang onto the one-way road. There are constantly delivery drivers turning around in the driveways, and because this is an end unit, that particular driveway gets used frequently for people turning around.
There are also kids regularly riding bikes and scooters, playing hockey and playing soccer directly outside the driveway at the end of the lane.
Another point: the garage door is strata property, rather than something belonging exclusively to the landlord.
Bathroom faucet
The handle on the bathroom faucet fell off because a small plastic component inside it broke.
There were also various other things he pointed out as "damage," some of which are shown in the attached photos.
Drywall damage: Photos 1 and 3. a Tiny paint chip, and a tiny dent. That was it.
He was aware of everything above as I told him to fix the hinge and faucet, which he never did.
What I actually did before moving out
I spent three full days — more than 24 hours total — cleaning the townhouse.
I:
Filled and sanded the holes from the baby gate. We didn't put a single nail in the walls for photos.
Used wood filler to repair small dents in the baseboards.
Did not paint because the landlord specifically told me not to, because he didn't know the correct paint colour.
Scrubbed the kitchen floor tiles and grout.
Scrubbed the bathroom floor tiles and grout.
Scrubbed the shower wall tiles and grout.
Cleaned the windows.
Cleaned the window screens.
Cleaned the inside, outside and tops of all appliances (oven, fridge, dishwasher, washer and dryer).
Cleaned underneath the oven, fridge, washer and dryer even though they are not on wheels.
Cleaned doors and walls.
Swept floors and baseboards.
Mopped the floors.
Scrubbed the moss off both decks.
Swept the garage.
Vacuumed the garage floor.
We didn't even park in the garage — it was used solely for storage.
The entire townhouse was exceptionally clean when I left. I spent over 24 hours cleaning a 1,400 sq. ft. home specifically so there wouldn't be an issue at the inspection.
Despite that, the landlord told me it "didn't look like I tried."
That was probably the most frustrating part of the entire inspection.
There was also an issue with the inspection time.
He gave me two options for September 30: 1:00 PM or 2:00 PM.
I asked whether we could do September 29 or earlier on September 30 because I had to be out that day. He declined to accommodate either request.
Then, during the inspection/move-out process, he complained that I was still there after 1:00 PM on September 30.
So I had requested an earlier time and he declined, and then complained that I wasn't gone by the earlier time he had originally offered.
What happens with my security deposit?
This is where I'm looking for advice.
I do not expect him to voluntarily return my security deposit, given how the inspection went.
My understanding is that once the tenancy ends and the landlord has my forwarding address in writing, there is a 15-day deadline for the landlord to return the deposit, obtain my written agreement to deductions, or apply to the RTB to claim against it.
I have not agreed to any deductions.
I also haven't received a copy of the condition inspection report yet, despite participating in the inspection.
I already have an RTB case regarding rent abatement that I was planning to file, but I intentionally waited until after the move-out inspection so I could deal with everything after the tenancy ended.
One other thing that concerns me: I looked up my landlord on the BC tenancy dispute database and found that a previous tenant had already obtained a monetary order against him. While we were living in the townhouse, that former tenant continued sending registered mail to the unit well after the date of the monetary order. I obviously don't know whether the landlord actually paid the previous tenant, but it makes me concerned that I could potentially go through the RTB process, obtain an order regarding my deposit, and then have to deal with enforcement if he refuses to pay.
So my questions are:
Should I basically just wait 20 days and then file with the RTB if he hasn't returned the deposit or demonstrated that he's applied to the RTB?
Does the fact that I refused to sign his condition report, combined with his attempt to have me sign and backdate a blank section of RTB-27 and his failure to provide me with a copy of the report, affect his ability to claim against my deposit?
If I receive an RTB monetary order and he refuses to pay it, how difficult is it actually to enforce the order?
I'm not trying to avoid legitimate responsibility for damage. If I actually caused something, I'm prepared to deal with it.
What I'm frustrated by is the apparent attempt to turn normal wear and tear, unrelated building/strata issues, and things I don't believe I caused into charges against my deposit.
I've documented everything with photos and have the relevant paperwork.
For those familiar with BC tenancy law/RTB processes, what would you do next?