Rude awakening for B.C. tenant who was evicted at 2:13 a.m.
It was a very rude awakening for a B.C. tenant who found themselves temporarily without a home when a landlord decided to evict them at 2:13 a.m suddenly.
Details of the roommate agreement were shared publicly in a decision from the BC Civil Resolution Tribunal.
The applicant claims he was improperly evicted in the middle of the night, and asked the tribunal to order the acting landlord to pay back $445 in unused rent and $550 for a damage deposit.
The respondent claimed it was the applicant’s own choice to move out and that he did so without providing sufficient notice. The respondent claimed they were entitled to keep the deposit and rent refund.
Both parties agreed to enter into a roommate rental agreement on March 24, 2024. The agreement said that starting that day, the applicant would move into the respondent’s home, paying $1,100 for rent on a month-to-month basis. The agreement also said 30 days’ written notice was required for either party to terminate the agreement.
On May 29, 2024, the applicant gave written notice that they were planning to vacate the property by June 30 because his wife was immigrating to Canada. The respondent said they had to move out by June 24, and the applicant agreed.
Suddenly, on June 10, at 2:13 a.m., the respondent asked the applicant to leave immediately. The tribunal decision does not go into details as to why.
The tribunal said this fact was corroborated by text messages and audio recordings.
“The respondent denies evicting the applicant and says it is their recollection that the applicant left on June 20. I do not find the respondent’s recollection reliable, given the contemporaneous documentary evidence. I find the respondent evicted the applicant in the early morning hours of June 10,” the tribunal said.
The tribunal found that this fundamentally breached the rental agreement and that the respondent was responsible for refunding unused rent of $445. The tribunal also ordered a return of the $550 damage deposit.
In total, the respondent was ordered to pay the B.C. tenant $1,120, which included damages and tribunal fees.