BC tenant makes claims about landlord's drug use in unpaid rent lawsuit

Jan 29 2024, 8:38 pm

A dispute between a BC renter and his landlord wound up in a BC tribunal hearing after the landlord sued for unpaid rent due to the renter moving out without notice.

According to the BC Civil Resolution Tribunal decision, the landlord had quite a few problems with the renter, many of which he couldn’t prove to the tribunal.

The renter claimed he moved out early without notice because the house was “not kept clean.”

He also alleged drug use by the landlord that “made them uncomfortable.”

Maxime Lutin was renting a house from a third party and agreed to rent a room to Kyle Desjarlais starting December 2022. The agreement included monthly rent of $1,100, payable by the first of every month, and 30 days’ notice was required before moving out.

Desjarlais agreed to pay a security deposit of $600 and $100 for keys.

From the sounds of it, things were going smoothly between December and February.

On March 1, Lutin texted Desjarlais to ask for rent, but Desjarlais said it would be delayed.

On March 3, Lutin told the tribunal that he awoke to Desjarlais packing to leave, and he left the house later that day. Lutin claims Desjarlais provided no notice or a heads-up about their intention to move out.

The tribunal said it was undisputed that Desjerlais moved out on March 3 and did not pay March rent. According to the agreement, the failure to provide notice meant that Desjarlais owed rent for March.

As mentioned earlier, Desjarlais suggested the house was not kept clean and that the landlord used drugs. Unfortunately, he could not prove these claims.

Desjerlais asked the tribunal for a set-off based on the security deposit, but because they moved without notice, the tribunal determined they were not entitled to that set-off.

Ultimately, Desjarlais owed Lutin $1,148.35, the total for unpaid rent and tribunal fees.

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