A BC renter claimed he was wrongfully evicted after taking issue with loud music being played by the landlord.
The renter, Jack Cooper, took his issue with the landlord, Glenn Wiley, to the BC Civil Resolution Tribunal.
His claim included a damage deposit that wasn’t returned, rent he paid, and motel costs totalling $2,879.65.
Wiley’s primary defence was that Cooper abandoned his room without notice. The tribunal didn’t see it that way, according to a decision posted publicly.
- You might also like:
- "Ludicrous": Vancouver renter on EI speaks out over landlord's eviction notice
- Landlord survives tenant's abuse accusations, wins BC eviction case
- Evicted BC renter says landlord harassed her, withheld WiFi in legal fight
Cooper wasn’t even in his new home for a month before the allegedly wrongful eviction occurred.
His rental started on December 10, 2022, and he says that Wiley forced him to move out on January 4, 2023, without notice and refused to refund his rent or damage deposit.
The rent was $1,100 per month, with a $550 damage deposit. The agreement was set to run until April 15, 2023, at which point it would have been carried forward month by month.
“It is undisputed that the parties’ roommate relationship broke down shortly after Mr. Cooper moved in,” the tribunal said.
According to Cooper, on January 4, Wiley told him to find other accommodations and arranged viewings of Cooper’s room that afternoon and the day after.
Cooper said he moved out immediately.
Wiley told the tribunal that Cooper abandoned the room because he had issues with music being played in Wiley’s bedroom. Texts show that on January 3, Wiley told Cooper that he left a pair of earmuffs on his door for him to try wearing the next time the music bothered him.
“Cooper himself says that Mr. Wiley was turning up the bass very loud, which he says affected his quiet enjoyment of the rented room,” the tribunal decision reads.
Interestingly, the agreement actually demanded that Cooper abide by stereo volume guidelines. At a notable point in the rental agreement, it states that Cooper agreed not to have stereo sound volume in the “excess of ’14’ setting on the DeWalt speaker.”
The tribunal didn’t accept that Cooper had just abandoned the room based on text messages exchanged between the two parties, and agreed with Cooper that Wiley had breached the agreement.
Cooper sought reimbursement of $1,229.65 in motel costs as he didn’t have time to find alternative shelter after Wiley terminated the agreement without notice. While the tribunal didn’t award him damages for the motel costs, it did award him for the unused rent he paid for.
In total, Wiley was ordered to pay Cooper $1,728.13, which included $1,508.06 in damages and the rest in tribunal-related fees.
Follow Channels and Categories