Kamloops landlady evicted tenant for long showers, doing too much laundry
A Kamloops landlady who changed the locks because her tenant took 30-minute showers and did too much laundry has been ordered to pay the tenant's hotel bill after she kicked her out.
According to a July 8 BC Civil Resolution Tribunal decision, Lorrie Jane Arnott let a room in her house to Ekpereamaka Silvia Okika in the summer of 2023.
Arnott charged $850 a month for the room, but it didn't take long before the relationship broke down and Arnott asked Okika to move out "as soon as possible."
Okika refused, saying the verbal eviction notice wasn't in compliance with the Residential Tenancy Acts requirements.
The following day, Arnott changed the locks.
She refunded the remaining rent for that month, but not the $425 damage deposit.
Okika attempted to take her to the Residential Tenancy Board, but it doesn't deal with roommate situations. She then took her case to the BC Civil Resolution Tribunal.
Okika argued for her $425 damage deposit back and that Arnott should cover the cost of hotels and an Airbnb stay when she was kicked out.
Arnott said she had every right to kick her out and change the locks because Okika broke the "house rules."
However, the Tribunal ruled the house rules weren't part of the contract and were only given to Okika five days after she moved in.
Arnott said Okika had failed to lock the door when she came home, took 20 to 30 minute showers, did laundry too frequently, and made loud noises late at night.
"I find these behaviours were likely not severe enough to be considered a fundamental breach of the contract, justifying immediate eviction and termination of the rental agreement," the Tribunal ruled.
Arnott also accused Okika of being "aggressive, belligerent, and hostile," allegations she rejected.
The Tribunal ruled she provided no evidence to prove this.
"While she provided two negative Google reviews Ms. Okika wrote about her business after the eviction, I find they do not prove anything about Ms. Okika’s behaviour or demeanour while staying at Mrs. Arnott’s house," the Tribunal said.
The Tribunal ruled Arnott had no right to evict Okika without giving her 30 days' notice and ordered that she cover the expense of six nights in hotels and an Airbnb for $750.
Okika also wanted her damage deposit back, but Arnott refused, saying she damaged the room’s carpet, bedding, desk, chair, and night table.
However, she again failed to provide any evidence of this.
"So, I find she is not entitled to keep the damage deposit and I order her to return it," the Tribunal said.
Arnott also argued for $2,250 to cover cleaning fees, buying new bedding, locksmith costs, and loss of income for her time spent responding to the dispute.
However, again, Arnott failed to present any evidence that the room was unclean, bedding ruined, or she spent money cleaning and fixing it.
Ultimately, the Tribunal ordered Arnott to pay Okika $1,167, including fees.
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