The tenants were forced to move from their Rutland townhome.
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May 24, 2025 - 6:00 AM
A Kelowna landlord is on the hook for $27,000 after she failed to move into her rental property after she evicted the tenants.
Tina and Scott MacLean were paying landlord Jane Li $2,200 a month for their Rutland townhome when in June 2023 they were told they had to leave.
The couple successfully appealed through the Residential Tenancy Branch, but six months later Li tried again, this time telling the couple they had to leave because she was moving in.
However, she didn't move in.
In BC, the law states a landlord can evict tenants if they or a close family member move in within six months. However, if the landlord fails to move in they must pay the tenant one year's rent unless they can prove there were "extenuating circumstances."
In Li's case, one year's rent amounted to $27,424, which the Tenancy Branch ordered her to pay, finding there were no "extenuating circumstances."
Li appealed the decision and took the case to the BC Supreme Court asking for a judicial review.
According to a May 21 BC Supreme Court decision, Li's testimony at the Tenancy Branch about where she was living and why she wasn't at the rental property was "inconsistent and contradictory" and lacked credibility.
She also said that she was under a doctor's care and required treatment in Calgary, where she had lived.
However, she provided no evidence to back this up.
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BC Supreme Court Justice Richard Hewson said Li's evidence about where she was living was contradicted by evidence produced by the tenants who said a neighbour told them that Li had said she was leaving the province and selling the property because she didn't want to be a landlord.
Li's lawyer also argued the Residential Tenancy Branch hadn't defined "extenuating circumstances," but the Justice ruled that made no difference.
Ultimately, Justice Hewson ruled the Tenancy Branch hadn't made a mistake and there were no "no extenuating circumstances."
The Justice's move leaves Li owing her former tenants $27,424, plus her lawyer's bills and court costs.
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