B.C. landlord ordered to pay evicted tenant who frightened her | Daily Hive

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A rental situation between a landlord and a tenant quickly became tense and ultimately led to a BC Civil Resolution Tribunal hearing.

According to the tribunal decision that was posted online this week, the tenant, who initiated the dispute, claimed he was evicted without proper notice.

He sought damages of $400 for lost rent, $208 for lost income and $800 for insufficient notice. The landlord denied the claims and his entitlement to damages, stating that the tenant made her feel unsafe and uncomfortable in her home, which prompted the eviction.

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Although there was no written rental agreement, a verbal agreement suggested that both parties had agreed to a $800 monthly rental on a month-by-month basis. The tribunal decision notes that the parties hadn’t discussed a notice period in the event of rental termination.

“I find the parties likely presumed a notice period would be part of their agreement, even if they did not discuss one,” the tribunal said. There’s more on that later.

The following blurb from the tribunal was the basis of the entire case.

“Since the agreement was for a place to live, I find it included an implied term that the parties treat each other respectfully, and not engage in behaviour that made the other person feel unsafe.”

The rental lasted no time at all. The tenant moved in on Jan. 28, 2024, and began paying rent on Feb. 1, 2024. He was evicted on Feb. 15, 2024.

Both parties agreed that the tension between the two began almost immediately.

According to the tenant, the landlord would get upset at him for the way he did certain things. Some examples he provided included being asked to use cold water for laundry, being instructed to rinse and spray the shower after use, and also being told not to leave wet dishes on the drying rack.

While the tenant claims he accommodated her wishes, the landlord states that he was disrespectful towards her when she asked him to clean up after himself. She also told the tribunal that the renter frightened her.

Some text messages submitted as evidence reveal more about the strained relationship between the parties. One of those texts suggested that she was unhappy with the tenant’s “pissy” attitude.

On Feb. 13, 2024, two weeks into the living situation, the landlord messaged the tenant to say she was unhappy living with someone who was not happy in her space. She added that if things continued the way they were, he could move out at the end of the month.

Two days later, the tenant said the landlord kicked him out because he responded to her cheery “good morning” with a dry “yeah.” The landlord denied the claim, instead stating that he had come up behind her quickly and startled her.

“Either way, she says she was scared and ended the agreement because she felt unsafe,” the tribunal decision says.

The tribunal determined that ending the rental this way marked a breach of the “implied one-month notice period.”

“I find one instance of startling someone as described here is an insufficient reason to end a tenancy without notice,” the tribunal added.

She was also upset that the tenant had allegedly left a door unlocked on a couple of occasions.

“Even when considered together, I find the stomping or startling and the unlocked door are no justification for ending the tenancy without the required notice.”

For damages that the landlord had to pay the tenant, the BC Civil Resolution Tribunal found that his eviction cost him the benefit of half a month’s rent. The tribunal dismissed his other damages. In total, the landlord was ordered to pay $525, which includes half a month’s rent and tribunal fees.