Sellers must foot cleaning bill after dirt, rocks, shopping cart left at B.C. home, tribunal rules

Real estate 'Sold' sign

Two home-sellers are on the hook for the new owner's cleaning bill after dirt, rocks and a number of household items were left behind at the property, B.C.'s small claims tribunal has ruled.

The sellers, David Wollman and Janna Rosen-Wollman, told the Civil Resolution Tribunal they paid to have the home professionally cleaned, but pictures taken after the property changed hands in September 2021 raised questions about the quality of the work – and whether the work was performed at all.

"From the photographs in evidence, it is clear that there was debris left behind in the fridge and freezer, as well as in various drawers and cabinets," tribunal member Nav Shukla wrote in a decision posted online Wednesday.

"Dirt and rocks were also visible on the property's floor. The photographs also show a shopping cart, trolley, shower curtain, toilet paper holder, toilet brush, and cleaning supplies left behind by the respondents, which they do not deny."

The tribunal member noted the bathroom cabinet and dryer were "visibly dusty" as well, and that there were streaks on the fridge and dishwasher.

Under the terms of the purchase agreement with the new owner, Priya Chatlani, the sellers agreed to hire a professional and leave the home and appliances in clean condition, free of refuse and personal possessions, Shukla noted.

In her submissions, Chatlani claimed the sellers' hired cleaning company was unable to come before her movers were scheduled to arrive, so she rushed to find a cleaner who could do the job on short notice, paying $1,023.

The sellers presented an invoice from a cleaning company dated July 28, 2021, two months before the possession date, and an email from December of that year confirming an appointment had been made for Sept. 29 – but Shukla was still not convinced the cleaners ever arrived.

"There is no mention in the evidence of whether the cleaning company actually attended the property on that day, what was cleaned, or how much time was spent cleaning," Shukla wrote.

The tribunal member also noted the sellers acknowledged "obvious errors and omissions" by their cleaning company in their submissions, despite arguing the buyer's cleaner was over-priced and had done more than was necessary.

"Given my finding that the evidence does not establish the respondents had the property professionally cleaned, I find the scope of work appropriate and the invoice amount reasonable," Shukla added.

As the sellers' realtor had already transferred the buyer $200 to help pay for the additional cleaning, Shukla ordered them to pay another $823 to reimburse Chatlani for her bill, as well as $125 in tribunal fees. 

B.C.'s Civil Resolution Tribunal is a part of the province's justice system that was designed to handle some civil law disputes without the need for lawyers or court hearings.

Members make decisions based on "a balance of probabilities," meaning they must find a claim more likely than not to be true.