A tenant was forced to leave their rental unit because they wouldn't part ways with their dog, according to a 2024 B.C. Residential Tenancy Branch (RTB) dispute.
The tenant originally applied for cancellation of a one-month notice to end the tenancy for cause dated Aug. 28, 2023, repairs to be made to the rental unit, and an order suspending the landlord's right to enter the unit, according to proceeding documents.
In turn, the landlord applied for an order of possession of the rental unit, compensation for damage to the property, and compensation for monetary loss.
The tenant did not provide documentary evidence; the landlord did provide these materials.
At the beginning of the RTB hearing, the arbitrator noted that the most important issue was whether the landlord should be granted an order of possession, while the other claims were "unrelated." They were dismissed with leave to reapply at a different hearing.
Initially, the rental unit had two bedrooms on the upper level of a house, and then a third room on the upper level was later added to it. Downstairs, the landlord rented another bedroom to other tenants. The residents in the rental property had locks on their bedroom doors, but shared the kitchen and living room as common space.
The tenant moved in with a co-tenant and signed a tenancy contract for a fixed term commencing on Aug. 1, 2019 and ending Sept. 30, 2023. The monthly rent was $1,000, or $500 per tenant. A $500 damage deposit and a $250 pet damage deposit were also paid to the landlord.
Co-tenant vacates unit, other people begin subletting rooms on the upper level
In February 2023, the co-tenant moved out of the rental property, and the tenant began paying the full $1,000 rent. The tenant found roommates to occupy other rooms on the upper level.
The landlord issued the tenant with a one-month notice to vacate on Aug. 28, 2023, because they claimed the tenant unreasonably disturbed the other tenants or the landlord, as well as significantly jeopardized their health and safety. They also said they breached a material term of the tenancy, subletting the unit without consent, changing the lock without consent, and smoking indoors. The tenant also refused to remove their cat and dog, despite being advised of the requirement.
The effective date the tenant was supposed to leave was Sept. 30, 2023, according to the eviction notice.
In a warning letter to the tenant, the landlord wrote: "I have informed you many times that animals are not allowed in this house. The cat came first on a trial basis. It is very dirty, leaving hair all over the house, and is a noisy, [unspayed] female cat. Now you have brought a dog. The smell of the animals, with the cat and dog, the urine and droppings and poo, are not acceptable. You and your animals already occupy the living room, and other tenants can not use it, because it is very dirty."
The landlord went on to say that someone living in the unit was allergic to the hair and that the dog has rabies, adding that the tenant was responsible for hospital bills if the dog were to bite anyone.
"You have to remove your animals within seven days. If you fail to do [so], eviction will follow," they added in the letter.
The landlord testified that the tenant refused to remove the pets because they were for their "mental therapy," but the landlord said they breached a term of the tenancy.
The landlord was amenable to allowing the tenant to have until the end of February 2024 to find another place to live.
The tenant refutes the landlord's claims, says the cat was part of the agreement
The tenant disputed the landlord's claims, noting that the cat was included in the tenancy agreement and was not listed as "temporary" and that they were never informed that other tenants had allergies. Instead, he claimed they "liked" his pets and that they weren't dirty and went outside to "do their business." The tenant got the dog in May 2023, but it died a week before the hearing.
The tenant also noted he was never "subletting" the unit because he never left the property. Instead, the co-tenant left, and he found other roommates. He added that he never smoked inside, but other tenants smoked in the doorway.
Additionally, the tenant said the front door wasn't locking properly, and he got a security system with a deadbolt and an access code, which the landlord had.
In their ruling, the RTB arbitrator noted that "one black cat" was included in the rental contract, with no mention of a "trial basis." Therefore, the landlord's claim that the cat was only there under specific guidelines was dismissed. However, the contract noted specifically that no other animals were permitted. The tenant broke a material term of the tenancy agreement by bringing a dog into the rental unit in May 2023 without the landlord's written consent.
"I find there is insufficient evidence to show that the Tenant’s dog was registered under the Guide Dog and Service Dog Act. I find that by keeping the dog at the rental property without the Landlord’s written permission," they wrote in the decision.
The tenant received the landlord’s Warning Letter on Aug. 18, 2023, which required him to remove the dog within seven days, and he did not.
The landlord was granted an order of possession effective at 1 p.m. on Feb. 29, 2024.
