B.C.'s Residential Tenancy Branch said a landlord did not provide enough evidence to support an eviction, despite claiming the tenant threatened to kill a puppy.
According to posted proceeding documents, the tenant first applied for cancellation of the landlord's one-month notice to end the tenancy with cause on Aug. 29, 2023, and then for another on Oct. 31, 2023.
Both parties attended the hearing by telephone on Dec.15, 2023, during which an interim decision was made and incorporated into the Jan. 4, 2024, decision.
The tenancy commenced on Aug. 1, 2019, with a monthly rent of $760.
The landlord's agent (identified in proceedings as "BL") testified that the tenant threatened to kill their dog, a small Miniature Pinscher (min pin) puppy, by stabbing the dog "in the eye with a fork."
BL said they did not hear the tenant say this, but another tenant reported the incident. They added that they never asked the tenant about the allegation, but they made a police report about the threat.
Additionally, BL said they believed the tenant left chocolates around the property to make the puppy ill. They said they hadn't seen the tenant leave chocolates or their dog consume them, but had "heard rumours." They had only seen a few pieces of Halloween candy on the property. BL testified they didn't feel safe walking their dog anymore.
Another reason for seeking to end the tenancy was an incident between the tenant and a 13-year-old who resides on the property with their grandmother. BL said the teenager claimed the tenant called them a "bitch" and the tenant apologized, proving the incident occurred.
The landlord, identified as "KS," in documents, testified that the tenant wasn't capable of controlling their anger, including once when they wouldn't stop banging on the manager's door. They also allegedly took unauthorized photos another resident in the building.
The landlord said the tenant was being evicted for "interfering in the landlord’s business and making it difficult for BL to do their job."
Tenant responds to allegation of wanting to harm puppy
The tenant testified they would never harm a dog and did not leave chocolates around the property. They added that the dog was always leashed and under BL's supervision. As such, they would have known if the dog was threatened or ate chocolate. They also didn't provide vet bills demonstrating the dog had eaten chocolate.
In general, the tenant said they put up with teenagers yelling, including several times they were told to [expletive] off, or get a [expletive] life, etc, but one day they retaliated.
The RTB arbitrator noted that, based on the documentary evidence, the landlord had the onus of proving on a balance of probabilities that the tenant threatened their safety and well-being.
"Regarding the claim made by BL that the tenant has threatened to stab their dog, I find that the landlord submitted insufficient evidence to support this allegation," they wrote in the ruling.
"BL acknowledged that their dog is always on a leash when outside their unit, and they never saw the dog eat chocolate or that they saw chocolate on the premises...Apart from that, there was insufficient proof that BL’s dog was violently ill, such as a vet’s report, attributing an illness to consumption of chocolate."
The police report filed in evidence contained the agent’s statement, another tenant's short statement, and the tenant’s statement. However, there was nothing in the report indicating the threat was valid. Additionally, no other tenants claimed to have heard the threat.
The arbitrator acknowledged that yelling at the teenager was wrong, but did not think it threatened the health and safety of other tenants.
The eviction notice was cancelled on Jan. 8, 2024, and the tenant was authorized a one-time $100 rent deduction.
