An evicted BC tenant faced a legal battle over unpaid rent, even though she was offered to live rent-free for her last month.
Applicant Sujin Park claimed that the respondent, Batia Girardin, moved out without paying their rent or utility bills for the last month. Park claimed $1,200 for rent and unpaid utility bills.
Girardin told the tribunal that Park waived the rent, so they didn’t owe $1,200, and that Park said the parties agreed to split the utility bills.
Here’s what the tribunal decided according to its publicly posted decision.
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Both parties entered into their agreement around May 2022. Girardin paid a damage deposit of $445, and monthly rent would be $890 plus utilities.
The tribunal said both parties discussed ending the agreement in the fall and winter of 2022 into 2023.
On February 2, 2023, Park emailed Girardin, giving two months’ notice to end the agreement, which the tribunal said was “reasonable.”
The tribunal decision states that Park told Girardin they were evicting them because they couldn’t keep promises. At some point during the conversations regarding the end of tenancy, Park wrote, “I will pay for the last month rent.”
Girardin agreed to those terms. However, Park later changed the terms of that free month. Park said that she would honour her offer to cover the rent if she could keep the damage deposit if Girardin paid the utility bills and helped Park move a bed into her old room for a new renter. Girardin also agreed to these new terms and collected and delivered the bed to Park on February 18.
Park asked Girardin to repair any damage to the bedroom or that she might have to keep the deposit. Park also requested that Girardin pay their utility bills by the end of March.
There was some more back-and-forth, including the evicted BC tenant asking not to pay the utility bill, which Park denied.
While Park didn’t win her claim for rent for March, which she waived, she was awarded $249.52, which amounted to $176.02 in unpaid utility bills and the rest in tribunal fees.