B.C. Landlord Fined $30K for Wrongful Eviction Over Fake Move

A landlord in British Columbia has been ordered to pay $30,100 to her former tenant after the court found she did not follow the rules for eviction.

What Happened?
The landlord, Fatehjit Kaur, rented her house on Garfield Drive in Delta to Melvin Javier from February 2021 to May 2022. He paid $2,500 per month.

In April 2022, Kaur gave Javier a two-month eviction notice, saying she needed the house for her and her family. Javier moved out on June 1, 2022. After that, Kaur started renovating the property.

But a few months later, in September 2022, she sent Javier text messages offering to rent the house to him again—this time at double the rent.

Why This Became a Legal Issue
In British Columbia, a landlord can legally evict a tenant without cause only if they or a close family member plan to move into the home themselves. They must do this in good faith and live there for at least six months (this rule was later changed to 12 months in 2023).

If the landlord does not move in within a reasonable time, or if they rent it out again quickly for profit, the law allows the tenant to claim 12 months’ rent as compensation.

Javier went to the Residential Tenancy Branch (RTB) and showed the messages as proof that the landlord did not move in as she had promised. An RTB arbitrator agreed with him and awarded him $30,100—12 months of his rent plus a filing fee.

Landlord Goes to Court
Kaur did not accept the RTB decision. She asked the B.C. Supreme Court to review it. She said the hearing was unfair and the decision was not reasonable.

Kaur told the court she was not ready to talk about how long the renovations took. She also said she thought the hearing would only be about the re-rental offer, not about whether she had moved in on time.

But Justice Matthew Taylor disagreed. He said Kaur’s main problem was not understanding the law, even though it was explained clearly in the eviction notice she gave her tenant. The judge said it was her duty to know the rules before evicting someone.

Judge’s Key Points
Justice Taylor found the following:

• The landlord did not move in on time.
• She gave vague reasons for the delay in renovation.
• She did not explain why she only hired two workers or what materials were missing.
• Her offer to rent the property again looked like an attempt to make more money rather than move in as planned.

Kaur also claimed she was offering to rent a different house in Surrey, not the Delta house, and that her poor English caused confusion. But Javier showed photos to prove it was the same Delta house. The arbitrator also noted that Kaur spoke good English during the hearing, which hurt her case.

Final Decision
The judge ruled that the RTB had made a fair decision and that Kaur had no strong reason to overturn it. She now must pay Javier $30,100.

Why This Matters
This case reminds landlords in British Columbia that they must follow the law exactly when evicting tenants. If they do not live in the property as promised, they can be forced to pay large amounts in compensation.

It also shows that good faith and clear proof are important when dealing with rental laws. Not understanding the law is not a good excuse, especially when someone’s home and rights are involved.