Vancouver renter evicted after less than a month sues landlord

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Not getting your deposit back after being evicted from a rental property is a reality many are forced to deal with, but one Vancouver renter took the matter to court.

In many cases, a landlord has every right to keep a renter’s security deposit due to a violation of the terms of that deposit, whether it’s damage or other reasons. However, in other instances, it’s entirely unlawful.

Tammy Anderson was the evicted renter in this small claims case at the BC Civil Resolution Tribunal, and she took the owner of the property, Michael Kuzmick, to court to get her money back.

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Kuzmick evicted Anderson after less than a month, claiming she broke house rules.

Anderson denied breaking any rules and said she was evicted without notice, claiming $2,925, which includes a refund of the $650 paid rent, $325 for a damage deposit, and $450 for a pet deposit, plus other damages.

Kuzmick argued Anderson wasn’t entitled to any of her claims because she broke the rules, including damaging the room she was renting.

According to a tribunal decision, Anderson moved into the room in late May 2022. The court decision states that neither party had provided a copy of a tenancy agreement. The tribunal decision says that Anderson signed a Crime Free Housing Addendum at some point, which noted the house rules. This is a point that Anderson did not dispute.

The addendum prohibited certain conduct, including smoking inside, criminal activity, assault, threatened assault, and loss of peace and tranquillity. It also stated no visitors after 10 pm except one overnight guest on weekends. Rules also noted that Anderson was not allowed to cook after 11 pm and must clean up after herself, close and lock doors, and keep windows closed and lights off when not in use.

It also notes pets required a “non-returnable $200 deposit.”

The problems started on June 3 when one of Anderson’s family members parked a van in the driveway overnight. Kuzmick suggested this violated the rules, so Anderson was “out,” but the addendum didn’t mention parking.

On June 5, there was an argument between the two parties, and Anderson’s dog “barely grazed” Kuzmick’s arm. Police were called, and Kuzmick confirmed via text that Anderson had two days to move out. There was more discussion over the next several days, but eventually, Kuzmick agreed that Anderson could stay until the end of June. Then, on June 13, Kuzmick changed his mind and said Anderson had to move out by June 17 at the latest, which the tribunal decision states she did.

“I find Mr. Kuzmick ended the rental agreement with 4 days’ notice, effective June 17,” reads the tribunal decision.

“Kuzmick says Ms. Anderson was not asked to leave because of one particular incident but several ‘concerning issues,’ which he says he is willing to explain, but does not explain.”

The tribunal member overseeing the case points to other confusing terms in the addendum above, including a three-strike rule. The court found that Kuzmick couldn’t prove the three rule breaches and warnings. The only proven breach was that Anderson left the bedroom light on once.

“I find the single incident of leaving a light on did not give Mr. Kuzmick the right to evict Ms. Anderson without notice under the addendum or otherwise.”

That finding meant that Kuzmick needed to give Anderson reasonable notice before evicting her, which he did not do; he only gave her four days.

The tribunal found that Anderson was entitled to the remaining rent of $282. Kuzmick couldn’t prove that Anderson had caused any damage during her stay, allowing her to receive a full refund of the $325 damage deposit. She also received $250 of her $450 pet deposit, as $200 was not returnable.

In total, Kuzmick was on the hook for $857.

This case is an excellent lesson to document everything during a rental agreement, whether you’re the tenant or landlord. Though for renters, it’s essential to remember this in BC, as the province led all of Canada in kicking people out of their homes last year.

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