A recent BC Supreme Court decision details the bizarre story of a landlord who tried to dodge tenancy laws by moving into her rental property’s garage before ousting her tenant.
The tenant, Maggie Moon, asked for a legal review of the Residential Tenancy Branch’s decision regarding the strange series of eviction attempts leading up to the end of her tenancy in 2023. That’s how she and her former landlord Virag Vizi’s case ended up before a Supreme Court judge.
Vizi tried twice to evict Moon from the converted garage she rented in 2023, but both attempts were thrown out by the RTB — one wasn’t valid, and the second wasn’t in good faith.
After that, the landlord decided to get up close and personal with her tenant.
Landlord tries to become roommate with tenant
Vizi entered the garage and began sleeping in the unit’s second bedroom, which wasn’t included in Moon’s lease. Vizi also began using the space, including the kitchen.
From there, she tried evicting Moon a third time. She claimed that since she and Moon were roommates, normal Residential Tenancy Act requirements didn’t apply.
“I also recognize that you may wish to dispute this eviction notice with the Residential Tenancy Branch. However, as you are only renting a room from me and share bathroom/kitchen facilities with me, you are not covered under the Residential Tenancy Act. For that same reason, I do not need to seek an order of possession to evict you,” Vizi wrote in a July 2023 letter to Moon.
The landlord-tenant relationship continued to deteriorate that year to the point where police were called multiple times by both parties.
Moon ended up leaving of her own accord at the end of October.
Judge gives tenant another chance to take case to RTB
Moon asked the RTB to review the case, but the arbitrator threw it out because the tenancy had already ended.
The Supreme Court judge found that the arbitrator’s decision was wrong, saying it was clear that the tenant was asking them to rule on whether it was legal for the landlord to move into the garage and avoid their obligations under BC’s Tenancy Act.
“This ruling was important to the subsequent claim she was contemplating, namely a claim for compensation in the face of breaches by the landlord. There was no suggestion in the evidence at the hearing that the tenant was seeking to be reinstated as a tenant in the rental unit,” the judge said.
The Supreme Court told the RTB to take a second look at the case, which could mean the tenant is compensated for her treatment.