A Burnaby renter has successfully fought off an eviction notice by a landlord who says the tenant was constantly starting fights and bullied another tenant into breaking a lease and moving out.
This was all broken down in a Residential Tenancy Branch dispute resolution ruling that details a house that was broken up into different rental units and filled with tension.
The landlord issued a one-month notice to evict the tenant for a number of accusations.
“The tenant … has continually verbally harassed and starts conflicts with the other residents,” read the ruling.
These included:
- The tenant blocked another tenant from moving past the pool shed and starts “bugging him about money.”
- The tenant called another tenant a “coward and a bitch” for hiding inside and not wanting to address the conflict.
- The tenant accused one of the tenants of “being a spy” and threatened to forcibly remove the other renter.
“The landlord stated that the tenant has harassed another tenant who broke their lease and moved out,” the ruling said.
In response, the tenant who filed the application to stop the eviction denied most of the landlord’s accusations about these fights, claiming that the issues between tenants are about maintenance and upkeep of the common areas. The tenant also claimed that the landlord has ducked their calls to discuss these issues.
“The tenant states that the disputes between tenants could be resolved with action by the landlord,” the ruling said.
In the decision, the RTB arbitrator said the onus is on the landlord to show that the situation warrants the tenant being force to move out.
“The landlord stated that he was in possession of evidence to support these claims but failed to provide any,” the ruling said.
And, so, the arbitrator said the landlord hadn’t proven his case and cancelled the notice to leave.
