On March 23 2023, the BC Supreme Court upheld a Residential Tenancy Branch decision that ordered a landlord to pay a tenant one full year’s rent as compensation for a wrongful eviction. In September 2020, pursuant to s. 49(3) of the Residential Tenancy Act, a Manitoba-resident landlord evicted the tenant in her BC condo with two months’ notice on the basis that she or a close family member would be moving into the unit. The tenant moved out and then noticed no one moved in. Seven months after the eviction notice, he noticed the property was listed for sale and still unoccupied. Four months later, he filed an application for dispute resolution with the Residential Tenancies Branch, seeking compensation for his eviction, which he said was not made in good faith. The landlord argued that she had intended to move into the condo but then her plans, including her retirement, became uncertain due to the COVID-19 pandemic and her hospital job. The arbitrator concluded that the landlord did not provide sufficient evidence of extenuating circumstances that prevented her from moving in the unit within a reasonable period of time after the effective date of the 2-Month Notice.
If you are a landlord or tenant and have questions about your rights and obligations, please call Morelli Chertkow Lawyers at 250-374-3344.
Disclaimer: This is not legal advice