Tenant who smeared feces on walls fails to have damage deposits returned at B.C. tribunal

A person cleans a wall in this image from Shutterstock.com (Shutterstock)

A man who sought thousands of dollars from two former landlords has had both claims thrown out at B.C.’s Civil Resolution Tribunal, after the respondents brought up his highly unhygienic behaviour.

Rick Bennell claimed that Marcel Oostenbroek and Charles G. Rasmussen—whom he rented from and lived with—both evicted him without notice and withheld his deposits, while the former landlords argued he breached rental agreements and damaged their homes, according to a decision handed down last week.

Specifically, the applicant asked for $4,300 from Oostenbroek for one month’s rent, double his damage deposit, and a reimbursement for items he alleged the landlord stole. Bennell sought $1,300 from Rasmussen for a failure to provide notice, double his security deposit, cleaning supplies and two remote controls.

Tribunal member Megan Stewart decided Bennell was not entitled to any of the damages he claimed.

She wrote it wasn’t clear when Bennell began renting a room from Oostenbroek or whether he owned the property, and a written agreement wasn’t submitted in evidence. However it is undisputed Bennell paid $750 monthly for a room in a home they shared, and a $375 damage deposit.

“Marcel Oostenbroek says Rick Bennell breached their no-drinking policy, urinated on the bed and the carpeted floor, and smeared feces on walls, a banister, and a door,” the decision reads. “Rick Bennell does not dispute this, so I accept it happened.”

Stewart ruled that by behaving in such a manner, Bennell breached the implied term of the rental agreement to maintain a reasonable level of cleanliness, and therefore Oostenbroek was entitled to end the agreement without giving notice, so she dismissed the claim for one month’s rent.

The tribunal also shot down Bennell’s claim for a damage deposit refund—noting he didn’t explain why he sought double the deposit—due to the state he left the home in.

“Although Marcel Oostenbroeck did not provide cleaning receipts or invoices, I find withholding the entire damage deposit to deal with this was reasonable, given the extent of the mess described and the inherent health risks associated with coming into contact with human feces,” Stewart wrote.

When it came to the items Bennell alleged his roommate stole, which included various clothing and electronics, the CRT dismissed that claim too. “Rick Bennell’s evidence is nothing more than a bare assertion, which, in the face of Marcel Oostenbroek’s categorical denial, I find is not enough to prove his claim,” the decision reads.

The second claim stems from when Bennell rented a room from Rasmussen for $600 per month, from June to November 2021. They had a written agreement that stated communal areas, the bedroom and bathroom had to be kept tidy, and that Bennell wasn’t allowed to keep any fire hazards in his room.

Rasmussen claimed Bennell left hot dogs burning on a hot plate in his room unattended, which the applicant denied, but the tribunal sided with the landlord based on witness statements, finding Bennell breached the agreement.

“Charles G. Rasmussen also says Rick Bennell came into the house soaked in urine and feces, lost control of his bodily functions, and used the communal furniture and areas in this condition. Rick Bennell does not dispute this, so I accept it is true,” Stewart said, adding this was a breach of the agreement’s cleanliness term.

Given Bennell breached the terms of the rental agreement, the CRT ruled Rasmussen did not need to give him notice to leave and dismissed his claim for $600 in lieu.

Based on witness statements about the damage and the fact Bennell did not deny dirtying the home with urine and feces, Stewart decided the $300 deposit did not need to be returned, either.

The tribunal also threw out Bennell’s request for $50 each to reimburse TV remotes and cleaning products, finding “there is no basis” for the claim.