Image Credit: Boyce Gyro Beach Lodge

A Kelowna vacation rental has been ordered to pay back the majority of a guest's damage deposit after it refused to return the $1,000 payment because the guests partied all night, upset other guests, and left the place a mess.

Boyce Gyro Beach Lodge owner Darren Kalawarny had refused to return a $1,000 damage deposit to Franklin Naves on the basis that his group of 12 had made so much noise partying until 5 a.m. he was forced to refund other guests staying in a suite at the same property. Kalawarny also said the group used the hot tub although they weren't permitted to and left stains on the carpet.

However, Naves took Kalawarny to the small claims court over the unreturned deposit, and in a Civil Resolution Tribunal decision Dec. 2, tribunal member Micah Carmody ordered the vacation rental owner to pay back $700 of the deposit saying there was no mention in the contract the group would face a financial penalty for breaking the rules.

Kalawarny told iNFOnews.ca he was "dumbfounded" by the Tribunal's ruling and thought it was "bizarre."

According to the decision, Naves booked a three-night stay in June 2020 for a group of 12 at the Kelowna vacation rental. He paid $4,200 plus a $400 cleaning fee and a $1,000 damage deposit.

The decision says a week or so before the booking Kalawarny contacted Naves to tell him he wouldn't be able to use the backyard and hot tub because of COVID-19 and offered a $300 refund.

Naves disputes this saying he found out he couldn't use the yard and hot tub when he arrived. He accepted $300 cash as a refund and agreed to stay out of the backyard and hot tub.

Nonetheless, he didn't stay out of the backyard and hot tub and doesn't dispute that his group "partied into the early morning hours."

The decision says the guests in the suite made multiple complaints to Kalawarny about Naves' group partying until 5 a.m. and playing loud music.

The following morning "the hot tub area (was) strewn with empty bottles, cigarette butts, dirty dishes and clothing," reads the decision.

Kalawarny apologized to his guests in the suite and offered to reimburse them for one night’s stay, or $210.

Following the weekend away Naves then asked for his $1,000 deposit back.

Kalawarny however refused, saying he owed him $300 after breaking an agreement not to use the hot tub and yard, $210 to cover the refund to the other guests and $500 for additional cleaning needed.

The tribunal agreed Naves had broken the agreement not to use the hot tub and therefore he owed Kalawarny $300 but dismissed the rest of his claim.

"There is no evidence that the parties’ contract gave Mr. Kalawarny explicit authority to retain portions of the damage deposit for rule breaches," the decision says.

The Tribunal member says goes onto say Kalawarny has not explained why Naves would be responsible for the guests in the suite and the refund they were given.

The Boyce Gyro Beach Lodge owner also claimed Naves' group left stains on the carpet and sheets and towels, and the hot tub and the yard also needed cleaning.

However, the Tribunal found Kalawarny failed to prove this and had not submitted any cleaning invoices.

"I note the booking included a $400 cleaning charge, and there is no evidence that the actual cleaning costs exceeded this amount," the decision says.

Ultimately, the Tribunal orders Kalawarny to pay $700 of the deposit back to Naves plus fees, at a total cost of $826.

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