"I'm not moving there": BC renter sued after uncertainty about rental agreement

A roommate dispute made its way to the BC Civil Resolution Tribunal due to a renter changing their mind about moving in, causing her to be sued by the acting landlord.

Vicky Cheung agreed to rent a room in her apartment out to Zhe Wang.

Cheung says that Wang kept changing their mind about moving in and that Wang ultimately decided not to move in, never paying rent, leading to the BC renter being sued.

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When Wang arrived at the apartment well after the agreement began, Cheung refused to let them move in.

Cheung asked the tribunal for $3,650 in damages, including $1,500 for rent, $2,000 for missed work, and $150 for anti-anxiety medication.

Meanwhile, Wang says that they incurred moving expenses and had to stay in a hotel after not being able to move in. They claimed $5,000, including $750 for a deposit and $3,750 in compensation for a hotel, plus $500 in moving expenses.

In mid-October 2021, Cheung and Wang started discussing a roommate agreement, and on October 14, Wang agreed to send a deposit of $750, which was paid for in three installments. On October 31, 2021, Cheung and Wang signed a tenancy contract, set to begin on November 15, 2021. Rent was set at $1,500 per month. Cheung added that she spent $480 of the deposit on parking.

Sometime in early November, the parties agreed to cancel the tenancy contract. Wang asked for a refund of the deposit, and Cheung refunded $270 immediately, adding that she’d refund the rest ($480) if she could find someone to take over the parking spot.

On November 9, Wang agreed to move in again. Cheung asked Wang to pay back the money she had initially refunded; Wang did, and the original contract was reinstated.

Ten days later, there were more disagreements about arrangements concerning furniture and guests.

Wang then texted, “Just so you don’t worry, I’m not moving there.”

This led to an understanding between the two parties that Wang was indeed not moving in. The tribunal agreed that this effectively ended the agreement.

However, because Wang agreed to move in before effectively ending the agreement, the tribunal decided that Cheung was entitled to her claim of one month’s rent. Still, she wasn’t able to provide evidence of her other claims.

Wang wasn’t able to prove any of their claims, but they were entitled to a return of their security deposit.

In the end, Cheung was awarded $878.21, including $750 for damages for breach of contract, and the rest was in tribunal fees.