Landlord changed locks for her safety after wrongfully evicting tenant

A landlord changed her locks over safety concerns after evicting a tenant who claims the eviction was wrongful.

In a BC Civil Resolution Tribunal dispute, the tenant, Yunong Wang, claims the landlord, Shuping Hu, breached the parties’ rental agreement by evicting her before the end of a 6-month lease and failed to return the damage deposit.

Wang claimed $3,650 in damages, including $450 for the damage deposit and $3,200 in the difference between the rent she paid and the rent Hu started charging other people after she was evicted.

“The applicant says she is entitled to this amount due to rising rent costs,” the tribunal decision states.

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In response to Wang’s claims, Hu said that the tenant was the one who breached the agreement by having her mom stay in her room with her longer than the two months both parties had verbally agreed to.

The landlord said she was entitled to ending the tenancy early because her mom was coming to stay with her, which led to evicting the tenant.

She also said she kept the deposit to pay for damage that she claims Wang caused and the cost of replacing a door lock because of safety concerns about Wang.

Both sides signed a rental agreement on April 26, 2022, with tenancy beginning May 1.

Hu was aware that Wang was going to have her mother stay for some time. Wang says that sometime around July, Hu asked when Wang’s mother would be leaving Canada, and Wang said no later than February. Wang says at the time, Hu raised no objections. But, in August, Wang’s mother got COVID-19, at which point Wang says Hu “relentlessly” asked them to move out.

On September 4, Hu gave Wang a 2-month notice to end the tenancy. Then, on September 9, Hu gave Wang a 2-week eviction notice. The notice didn’t provide a reason. Wang and her mother moved out on September 23.

Hu decided to evict the tenant due to “quarrels and altercations” that she says made her feel unsafe and threatened.

The tribunal didn’t agree with Wang’s claims when it came to a verbal agreement about her mother staying with her. The tribunal also found no proof that Wang or her mother threatened Hu. While Hu says the police were involved, there was no police report or witness statements from other roommates at the residence.

The tribunal found that Hu breached the rental agreement by evicting the applicant on September 23 without the required notice.

Because Wang was evicted early, the tribunal awarded her the remainder of the rent for September, plus her damage deposit. In total, Wang received $699.43, which also included tribunal fees.