Roommates flea feud lawsuit settled in BC court
A roommate dispute made its way to the BC Civil Resolution Tribunal over allegations one person was responsible for the flea infestation in their home.
A pair of sisters, Irma Khan and Mishal Khan, filed the claim against Alexis Genara Ortiz because they claimed Ortiz transferred fleas from their mother’s dog to the Khans’ cats and infested their home.
Ortiz responded to the allegations and said there isn’t definitive proof they brought fleas into the Khans’ home.
The applicants also claim Ortiz caused them to lose two months’ rent and other contributions to bills by not moving into the Khans’ apartment as agreed.
According to the civil tribunal document, the Khans sought $4,000 for fumigation, Uber fares, laundry, cleaning, veterinarian bills, lost rent and bills, and “damages.”
Rental agreement
According to the tribunal decision, Ortiz would spend time at the Khans’ apartment since they were friends with Irma and Mishal.
It was in early September 2022 that the Khans agreed Ortiz would move into their apartment the following month since Irma planned to move out.
Text messages show that they agreed the monthly rent would be $882.75, forming the basis of the parties’ rental contract.
Liability for the flea infestation
A few weeks before Ortiz moved in, Irma told Ortiz the Khans’ two cats had gotten fleas. Around this time, Ortiz’s mother’s dog had fleas, they admit.
According to the applicants, Ortiz once told her they were frustrated because their mother did nothing to address the problem when her dog had fleas.
According to Irma, when she told Ortiz about the fleas, they “apologized, broke down in tears, took responsibility for introducing the fleas into the Khans’ apartment, and promised to ‘get this fixed immediately.'”
Ortiz said they admitted they were upset hearing about the fleas, but it wasn’t that they believed the flea infestation was their fault.
Ortiz added they were upset because they knew what it was like to live in a flea-infested home and did not want to move into an apartment with fleas. They added that they also did not like to see Irma panicking, so they decided to help by contributing to some of the Khans’ veterinary expenses to treat the cats.
The Khan sisters and Ortiz texted each other about hiring an exterminator, cleaning the infested apartment, and treating the cats.
“Alexis submitted bank records showing they e-transferred Mishal $500 on September 15 and $242 on September 26,” the decision reads. “It is undisputed that these amounts were to cover veterinary expenses Irma told Alexis she incurred to have the cats treated for fleas.”
There were also texts between the Khan sisters and Ortiz about hiring an exterminator and cleaning the infested apartment.
While Ortiz gave the Khans money for the cats’ treatment, the tribunal member found “there is no documentary evidence they accepted responsibility for the Khans’ cats getting fleas.”
“Based on the parties’ message thread, I find Alexis’ apology was not an admission of liability, but instead a genuine expression of sorrow about the situation,” they said.
According to Ortiz, the Khans would let their cats out into the hallway of their pet-friendly building. Ortiz provided video of the cats wandering in the hallway, Irma cat-sitting a neighbour’s cat, and a photo of a friend’s dog in the Khans’ apartment. Khans do not dispute these examples.
Decisions
“Based on the evidence before me, I find it is possible Alexis introduced fleas into the Khans’ apartment,” the tribunal member said. “However, I find it is equally possible the cats picked up fleas from elsewhere, such as from another animal in the building or from a person visiting with a pet.
“In short, I find there is nothing to prove Alexis was the source of the flea transfer and that they are therefore responsible for the amount the Khans claim to get rid of the fleas.”
Since there wasn’t enough evidence to prove Ortiz was responsible for the Khans’ cats getting fleas, the tribunal member dismissed the Khans’ claim “for compensation for fumigation, Uber fares, laundry, cleaning, veterinarian bills, and other unspecified damages related to getting rid of the fleas in their apartment.”
“Even if I had found Alexis was responsible for the fleas, the Khans did not submit any documentary evidence, such as receipts or estimates, of expenses to get rid of the fleas. So, I would have found their claim for damages unproven in any event,” the member added.
Regarding the loss of rent, Ortiz explains they paid a month’s rent because they intended to move into the apartment, but because they ultimately did not move in, they do not owe the Khans anything more.
However, the Khans claimed Alexis owed them $2,000 for lost rent and contribution to bills for two months.
The tribunal member also dismissed these claims from the Khans for several reasons.
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