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Vancouver tenant says he was accused of having 'sexual desires' for garbage smell

The tenant was also accused of a host of other issues.
An employee said a Vancouver renter had "sexual desires" for the smell of garbage. The baffled renter characterized the claims as "ridiculous." 

There are several bizarre tenancy disputes that end up in Vancouver hearings. 

But some of these conflicts involve truly jaw-dropping accusations. 

According to B.C.'s Residential Tenancy Act (RTA), landlords are responsible for providing quiet enjoyment to all tenants. Upon getting a disturbance complaint from a tenant, the landlord must take steps to fix the problem. For example, a landlord may need to speak to a tenant about noise if it bothers neighbouring tenants.

In one particularly odd dispute, a tenant and two agents for the landlord appeared at the teleconference hearing and gave affirmed testimony. The hearing was meant to determine whether the one-month notice should be cancelled or confirmed and whether the landlord was entitled to an order of possession.

The one-month notice was dated and served on Feb. 26, 2021, on the grounds that the tenant had significantly interfered with or unreasonably interfered with the landlord or another renter. Additionally, it was served on the grounds that it had seriously jeopardized the health and or safety of the aforementioned parties. The tenant was also accused of not making some repairs to the property. 

"It was clearly unintentional."

The agents for the landlord said the tenant assaulted a female renter and there is video evidence. The tenant refuted these claims, however, stating that he had left his unit to locate the source of a noise that had woken him up when he accidentally collided with the female renter. "It was clearly unintentional," he said, adding that he even reached out his hand to help her up and there was "no basis" to the claim. 

The female renter filed a case with the VPD and the male tenant was served a restraining order. Once again, the tenant underscored that he was not arrested and no charges were laid. 

After they reviewed the tape, the landlord felt the tenant had pushed the woman to the ground. They also stated that some community support workers felt threatened by the renter, too. 

In response, the tenant stated that a letter penned by one of the workers was "defamatory and not true." In an incident concerning a fire alarm drill, the renter said he merely asked questions and was not argumentative. In another incident, an employee letter reportedly said that the renter had "sexual desires" in regard to the smell of garbage. In response, the baffled renter characterized the claims as "absurd, ridiculous." 

"Saying I had sexual desires about a smell?" he asked. "I was complaining about the smell of garbage because it was right outside my door."

With this in mind, the renter noted that he was also in the process of moving and the fire alarm was ringing so he may have sounded "somewhat excited" but nothing "like they claim."

In this case, the Residential Tenancy Branch sided with the landlord as they felt they produced significant proof that the tenant was unreasonably disturbing other renters and employees at the building. 

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