Struggle to Evict Tenant in BC, Canada - Anyone tested for THC?

[Brianne H.]

I’ve asked this question to a few people who know the BC landlord-tenant laws, but I’d like to broaden it to a larger audience for more input. I’m asking for a relative that lives/owns rental property in BC, Canada. If you aren’t already aware, BC laws are EXTREMELY tenant-friendly.

My relatives live in BC and own a 4 acre property that they bought out of foreclosure. They live in the main residence, and there are 2 older cottages on the property. At the time they bought it, cottage A was rented, and the tenant has been there about 15 years, and it's a happy, mutual agreement to keep her. They renovated Cottage B ($30k renos), found a great tenant, who ended up only staying for a few months due to being too far from work. At that time (Dec 2017) they rented it to a man, who was the best applicant of the bunch, though not quite the same caliber of tenant as the first guy. Fast forward a few months into the tenancy, and the guy starts smoking pot inside and out, which is specifically outlined by an addition in the lease that states no smoking of any kind on the property (In Canada, smoking pot became legal in Oct 2018 but BC agreed that if the original lease has a non-smoking policy (which it does), it still applied to marijuana). Around the same time, she goes over one evening to deliver a notice of rent increase (using all the proper BC forms, etc) and the smell coming out of the house is overpowering. They discuss that this is a violation of the lease, and all agree to a mutual termination of the lease. She gets the paperwork together and goes back over to get him to sign it, and he's changed his mind and refuses to sign.

She then gives him a notice to evict, and then he files with the Tenancy board (17 days after the deadline) that he is objecting to the eviction. It goes to arbitration (a phone call that is not allowed to be recorded), and the tenant comes up with all sorts of lies and BS. The arbitrator comes back with his decision that because my mom did not A) physically SEE him smoking pot, and B) between finding the house smelled like weed and giving him an eviction notice, she did not give him a notice giving him adequate time to correct the situation, the eviction got denied. Her appeal was also denied.

She would just like this guy out, but everything she's read on BC landlord-tenant laws all STRONGLY favour the tenant, and she can not find any way to get him out.

Any ideas on how to get him out? I'm not as familiar as she is with the BC laws, but she's told me that even if she dies, or the property is sold, a new purchaser can "request" the tenants evict, but they can not enforce it. What lunacy is this? How do BC landlords ever get rid of undesirable tenants if they're still paying rent on time? The only things I’ve been able to find beyond having frequent inspections to irritate him and physically see him smoking it (which how are you going to do that when he shuts the curtains and does it inside?), is turning the unit into non-residential use (such as..?). Even that requires 4 months notice. For those about to suggest a month-to-month or non-renew at the end of the lease, unfortunately it doesn’t work that way in BC, you must have a valid reason to evict instead of just not-renewing (term leases convert to month-to-month when they’re up). The unit is rented for $1000/m, and it doesn’t help that market rent is now around $1100-$1200/m, so the guy knows he’s getting a deal.

Has anyone ever used a test for THC residue and had any success (or not) in using it as evidence in tenant-friendly regions?

I'm trying to help her find any loophole as the stress of this and being unable to enjoy her own home peacefully with an antagonistic tenant next door and having to smell it daily is really starting to affect her. Any insight you have is appreciated!

Tags: Vancouver, Kamloops, Victoria, Nanaimo, Kelowna, 

[Jason Ridout]

Hi Brianne, as you've stated, the BC rental rules are very tenant friendly. There are very few reasons you can legally evict a tenant. If you are planning to do major renovations to the unit, and it will not be possible to live in the unit during those renovations, you can give them 4 months notice to get out, BUT you do have to offer the unit back to the same tenant when the renovations are complete. Another option is if the owner or direct family member plan to move into the unit for at least 6 months. If they fail to pay rent, you can evict them. (If rent is due on the 1st, and they don't pay, give them an eviction notice on the 2nd. If they come up with rent within 2 weeks, you can't kick them out) If they continuously pay rent late you can evict them. Those are about the only ways you can get them out. And yes, even if you sell the property, if the new owners don't plan to move into the unit, you still can't evict them.

My only suggestion, if you really want them out, is keys for cash. I know it sucks to pay some low life money because they are being a pain in the ***, but it's the one thing that seems to work. Offer to give him say $1,500 to move out in 60 days. Get it in writing! It is legal to do this! Get him to sign something saying he will terminate his tenancy on XX date and will be paid $1,500 as a bonus to help him find new accommodations. I believe you will have to pay 1 month rent to him anyhow to evict him, so it might be $1,000+$1,500 to get him out, but if you want him out, this is your best bet.