BC renter sues "erratic" landlord after being locked out of home for four days

It’s not often you hear stories about a renter who sues their landlord for locking them out of the house, but that’s precisely what happened in a BC civil suit.

Michael Richard Phillip Judge sued Alejandro Marcelo Piner for damages totalling $1,971.

Judge argued that Pinero’s behaviour made him feel unsafe and that he refused to return his security deposit. He also alleged that his kitchen items were stolen.

Pinero denied Judge’s claims and said he never received a deposit or rent from Judge.

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Judge signed a three-month sublet deal with BGK on February 1, 2023. BGK is not a member of the BC Civil Resolution Tribunal dispute, but BGK had a roommate agreement with Pinero.

BGK initially sublet their room to someone else the tribunal calls KB. Judge paid KB $945 for February rent and $900 for a deposit.

While Pinero denied receiving the deposit or February rent, evidence shows that KB forwarded Pinero the rent and advised them that Judge paid the deposit.

On February 7, Judge signed a three-month fixed-term directly with Pinero, renewable upon expiry.

The agreement had a one-month notice period if Judge moved out at the end of the term.

Something changed, and on February 19, Judge texted Pinero to amend the contract, which would allow him to move out immediately and return his deposit if everything was “how it was at move-in.”

Judge had concerns about his safety, but he didn’t tell the tribunal what those concerns were beyond suggesting “erratic behaviour” from Pinero.

Pinero eventually agreed to the move out on the condition that Judge find a replacement renter for March 1, and as long as Judge had not caused any damage, he would return the deposit. Text messages support this claim.

According to the tribunal, evidence shows that Judge did find a replacement for March 1, but the arrangement fell through. A February 24 text message suggests Pinero told Judge he forfeited his deposit by breaking the contract. However, Judge didn’t want to go without his deposit.

On February 25, Pinero told Judge he changed the house’s door codes because Judge damaged the front door by “repeatedly slamming it” and that Judge deliberately cranked the heat in the room.

The tribunal found that Pinero breached the contract by not returning the deposit after initially agreeing to do so. He “further breached the contract” by changing the door codes.

Pictures suggest that Judge didn’t damage anything, and the door showed normal wear and tear.

While Judge couldn’t prove his kitchen items were stolen, he did make the case to get his security deposit returned and was awarded $126 for the four days he was locked out of the house.

This actually, unfortunately, isn’t the first time a landlord has been sued for locking a tenant out of the house.