Evicted BC renter says landlord harassed her, withheld WiFi in legal fight

A landlord sued a BC renter for unpaid rent and utilities, while the renter claimed she was mistreated and, at one point, had the WiFi password withheld from her.

In a BC Civil Resolution Tribunal dispute, Rebecca Sarrazin sued Agata Namiecinska for $1,300 in rent and $97.40 in utilities.

Namiecinska denied Sarrazin’s claims, claiming she was harassed and unlawfully evicted.

Here’s what the tribunal decided.

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Sarrazin had leased the home in question from the owner. Sarrazin lived in the leased home and rented a lower-level suite to Namiecinska. The tribunal equated the case to a roommate dispute.

A rental agreement was signed on September 13, 2020. The rent was $1,300 per month, due on the 27th of each month, with a security deposit of $650. The rental was a month-to-month agreement.

On April 22, 2022, Sarrazin’s partner emailed Namiecinska to end the agreement. He stated they wanted to “go in a new direction with the house” and would start accepting homestay students from a nearby college.

In BC, wanting to accept homestay students doesn’t constitute a lawful eviction. If Sarrazin wanted to instead rent out the suite to a close family member, that would have complied with the tenancy rules for eviction.

He told Namiecinska she would have the home until June 20, 2022, or June 30 if she paid an additional $433.

Both sides agreed that Namiecinska would move out by June 20.

“Since Ms. Sarrazin did not give two full months’ notice and since Ms. Namiecinska was entitled to withhold one month’s rent under RTA section 51, I find Ms. Sarrazin is not entitled to any additional rent. I dismiss the claim,” the tribunal decision stated.

While Namiecinska didn’t deny owing $97.40 for utilities, she suggested she shouldn’t be forced to pay because she was wrongfully evicted.

Namiecinska specified that she was harassed in April 2022 when Sarrazin bought a new internet router. Sarrazin told the BC renter that she would not get the WiFi password until she paid the outstanding utility bills. However, the tribunal pointed out that the rental agreement required Sarrazin to provide internet service.

“There is nothing in the agreement that permitted Ms. Sarrazin to withhold internet service.”

Sarrazin’s claim for utilities was also dismissed.