$22K of leaky faucet damage sparks eviction fight in BC court
A BC rental unit in disrepair became the subject of a legal fight between the tenant and the landlord, going all the way to the BC Supreme Court.
The tenant alleged that the landlord wouldn’t make repairs despite multiple requests for help. He claimed that the kitchen faucet was shut off for a month and a half at one point, and he had to fill his pots for cooking from the bathtub.
What’s more, he said the fridge was held together with tape, which impacted the quality of food. Plus, the tenant alleged the carpet was mouldy and other faucets were leaky.
“We have lived under deplorable conditions that have been unhealthy and unsafe,” the tenant stated in a June 2023 letter. “I have called the office repeatedly about these issues but to no avail, they do not reply to my appeals and the repairs still need to be done.”
The tenant said he made multiple attempts to contact the strata about flooding by calling the receptionist but could never get through to the strata.
Unfortunately for the tenant, he didn’t submit adequate documentation to support his side of the story, whereas the landlord included more evidence to support his version of events.
Landlord said strata informed him of flooding damage to adjacent units.
The landlord told the court he only discovered the water issues in the unit when the building’s strata contacted him. By then, the unit’s leaky kitchen faucet had caused $22,000 in damage.
“Investigators identified the kitchen sink as the likely source affecting the tenant’s unit, and other units and commercial units in the building. The leak appeared to have been going on for some time, based on the extent of the damage,” Judge Wendy Baker wrote in a background summary of the case for her December 19 decision.
Then, when the tenant’s rent cheque bounced, the landlord put together an eviction notice. The tenant disputed it, claiming the landlord was trying to renovict him to do repairs that should have been completed long ago.
The landlord, however, argued the tenant should have notified him of the problems with the unit. And though the tenant said he made multiple attempts to notify the landlord, not enough evidence was included.
The RTB initially sided with the landlord, and Judge Baker also did during the judicial review. Her decision upheld the initial RTB decision to uphold the eviction, meaning the tenant must vacate the property.