BC landlord who evicted tenant for not checking on her child loses in court
A BC landlord lost in court after evicting her tenant for failing to check on her crying child.
She was home and sleeping at the time, but she claimed the tenant put her family in danger when he noticed someone prowling in the backyard, then left the child crying elsewhere in the house.
The tenant initially took the tenant to court over a wrongful eviction, and she countered by suing him for lost rent. It landed in favour of the tenant, Sean Chambers, who was awarded more than $1,600, according to a Dec. 18, BC Civil Resolution Tribunal decision.
Chambers signed a 10-month tenancy agreement with his landlord Jennifer Derco on Sept. 1, 2022. He was renting a room in a house, tenancy laws wouldn't have applied if they hadn't signed a contract under the Residential Tenancy Act.
Within a week, Derco sent him text message with a "polite eviction notice" telling Chambers to find a new place "ASAP." By Sept. 15, his eviction was "effective immediately" because of safety concerns, according to the decision.
Derco said Chambers failed to lock the door just two days after moving in and someone was trespassing in the backyard that night. She said he didn't go check on the crying child that night, which endangered the child.
Chambers, however, said he did lock the door and he had scared off the trespasser by shining a flashlight into the backyard that night.
There was also no part of the agreement suggesting Chambers check on her child, while the decision notes Derco was "undisputedly" at home on that night.
"Mr. Chambers does not dispute that he heard Ms. Derco’s child crying in the hallway downstairs a short time later, but says he decided not to go check on the child because he was new to the house and assumed that Ms. Derco would not want a stranger attending to their child in the night while Ms. Derco was sleeping," the decision read.
Derco claimed Chambers damaged a bathroom sink and a water cooler, she took issue with Chambers parking his motorcycle in the driveway and with his alcohol consumption. She didn't have any proof he damaged the sink or the water cooler, and Chambers said he was never disruptive when he drank, only having up to two drinks in a night.
Derco's claimed $5,000 in lost rent from Chambers in her countersuit. She said two other tenants moved out shortly after she evicted Chambers, putting the blame on him. If he was a "good tenant," she wouldn't have lost the other two, the decision said.
She didn't break down the $5,000 in lost rent, nor did she explain what legal basis Chambers should be liable for the other two tenants.
He was ultimately awarded $1,475 in damages due to the eviction, increased rent at his new home and for double his security deposit. With court fees, Chambers was awarded a total $1,613 and Derco's counterclaim was dismissed.
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