B.C. tenant faces legal and financial hurdles to reclaim rental suite after landlord locked her out
CBC
A B.C. woman is fighting to reclaim her rental suite at a Lumby, B.C., motel after being locked out by her landlord in August, despite a court order and a ruling from the Residential Tenancy Branch (RTB) in her favour.
Megan Wood, who had been living at the Ramshorn Motel, now faces both financial and legal challenges in enforcing the orders and regaining access to her home and belongings in Lumby, which is around 55 km northeast of Kelowna as the crow flies.
Wood's case exposes gaps in tenancy regulations and enforcement in B.C. that leave vulnerable tenants without adequate protection, according to a lawyer advocating for her.
Wood moved into the motel in February. However, when she returned from visiting family in late August, Wood said the door to her rental room was locked. "I was scared. I was in stress, panic mode. I was like, 'Why is my key not working?'" Wood said.
Unable to reach the motel manager, Wood said she called the RCMP and eventually learned from an officer the motel owners would not allow her back into the room.
In an email to CBC News, Vernon RCMP Const. Chris Terleski confirmed officers were called to the business to keep the peace.
"The matter was determined to not be criminal, and parties were referred to the Residential Tenancy Branch to pursue resolution," Terleski said. This began a more than two-and-a-half-month struggle for Wood, navigating tenancy and court systems in an attempt to reclaim her home and her belongings.
Despite a tenancy branch decision in her favour, a Writ of Possession from the B.C. Supreme Court and appeals to the RCMP, court sheriffs and bailiffs to enforce the orders, Wood has not been able to gain access to her room at the motel.
The Ramshorn Motel is owned by Hardial Singh Chahal and Jasbinder Singh, according to court and tenancy branch documents. When reached by phone Singh Chahal cited overdue rent, damage to the room and communication issues as reasons for evicting Wood. "She [did] not pay rent. If we tried to talk to her, she [would] not talk to us," he said. "And the room is ruined. We opened last June, and she ruined the room." Wood denies the allegations and said part of her rent is paid directly as a housing supplement from a North Okanagan housing society, with the remainder of her rent coming from her disability benefits.
Procedures for evicting tenants are laid out in B.C.'s Residential Tenancy Act.
Landlords cannot change locks without an order from the RTB or take a tenant's personal property without a court order, according to information on the province's website.
The website states, "A landlord who illegally evicts a tenant may be fined up to $5,000 and may be required to repay costs incurred by the tenant as a result."
There is no indication the motel owners sought an eviction order in Wood's case.
On Oct. 1, Wood, Singh Chahal and an agent for the motel attended an RTB hearing before an adjudicator.
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