B.C. wrongful eviction case backfires on renter thanks to police visit | Daily Hive

oasisamuel/Shutterstock

A wrongful eviction case initiated by a renter backfired on them at the BC Civil Resolution Tribunal.

According to the tribunal’s decision, the renter and applicant in the dispute claimed that the respondent landlord had wrongfully evicted them, and they sought thousands in damages, including $800 for lost rent and $4,200 for damages stemming from the eviction, which includes pain and suffering.

The renter claimed an additional $5,000 for yard work he did for the landlord. The renter claimed he was owed $7,000, but the limit for small claims is $5,000.

In defence, the landlord denied the renter’s claims, saying he didn’t owe anything. He also said that he had to call the RCMP to remove the tenant from the home after an alleged assault. The landlord also filed a counterclaim, claiming that the renter owed thousands in damages.

The landlord stated that the renter had performed some work for him, but that the work was intended to offset costs for various electronic transfers, purchases, and loans made to the renter.

The tribunal calls the dynamic between the renter and landlord an on-and-off relationship.

In 2023, between January and April, the landlord was in Palm Springs and informed the tribunal that during this time, the renter had requested financial assistance. In response, the landlord sent the renter various e-transfers, “often daily.”

A police visit on Canada Day in 2023 put a wrench in the renter’s claim that he was wrongfully evicted.

Following an “altercation between the parties,” the landlord called the RCMP to have the renter removed. The renter claimed that the landlord “made up” the incident, but the landlord had a copy of the RCMP report.

The report suggested that the incident involved assault with a weapon, CBH, which stands for causing bodily harm. The report was sufficient for the tribunal to conclude that the renter had breached the agreement between the parties, entitling the landlord to evict.

Next, the tribunal reviewed all the work the renter had performed for the landlord to determine if he was still owed any money. The work included pressure washing, staining a deck, clearing rat nests, fixing doors and organizing garbage. The tribunal determined that the renter was still owed $2,450 for landscaping work.

However, due to the amount of money the landlord had loaned to the renter, it cancelled out the amount the landlord owed, and in the end, it was the renter who owed money.

The tribunal ordered the renter to pay the landlord $604.89, which included $560 in debt and the rest in tribunal fees.

You might also like:

Want to stay on top of all things Vancouver? Follow us on X