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Landlord frustrated with non-paying tenant, awaiting eviction decision

With the loss of rent and the damages caused to the home, the landlord estimated he’s at a $20,000 loss so far.

A Penticton landlord is calling for faster action at the BC Residential Tenancy Branch, after struggling to evict a non-paying tenant.

Rob Perret purchased a home on Churchill Avenue and claimed one of his tenants stopped paying rent in September, using a dispute with the RTB to bide his time.

“He's banking on the delays and the timeframe with the residential tenancy board,” Perret said.

“So he's been here now for three months, coming up to four months without paying rent. So I'm awaiting this, but in the meantime, I'm paying rent for myself and his rent.”

Perret found out his tenant had also submitted a dispute with the RTB in August regarding a fence he claimed took too long for Perret to build. That hearing date doesn’t commence until mid-December.

Perret had planned to move back into the home and served the tenant a two-month notice. He later served him again for unpaid rent, which he was told will at least take another couple of months for a decision from the RTB.

In the meantime, Perret claims that his tenant has caused major damage to the home, brought in tenants who were not on the lease, and stockpiled a massive amount of garbage.

Videos from Perret visiting the house with a police escort last week show dog feces left on the floor, piles of items on the main floor and in the basement, along with dozens of bikes.

“The biggest problem I have with that dispute from the tenant is that it’s between him and me and the residential tenancy board. The other four people have absolutely no right to be here. They're squatters and I have no way of getting rid of them at this point. So it's a difficult situation,” he said.

The biggest frustration for Perret is he says there is nothing he can do about it but wait for the decision.

”The timeframe doesn't work. If they don't have enough people to regulate housing and rentals, then they need to step up. They can't expect a landlord or a tenant to wait months on end for a decision. I mean, normally rent is a monthly thing. You can't wait two or three months for something to happen.”

“That's how people lose their homes.”

In a statement to Castanet, the Ministry of Housing said that a high volume of applications is resulting in delays for landlords and tenants who file for dispute, with an estimated wait time of 16 weeks for regular hearings. In the meantime, Perret is stuck with no income from his tenants.

“We understand the frustration of tenants and landlords who are eager to seek a resolution to their issue. Dispute resolution wait times fluctuate, and the Branch prioritizes applications so that emergency issues are heard first. Once hearings are concluded, decisions are rendered within 30 days,” said the ministry statement.

“The RTB is currently dealing with a high volume of applications, with an average of 1,832 applications per month in 2022 and 1,689 applications per month in 2021, compared to 1,496 per month between 2018 and 2020. This has meant the process is taking longer.

“The RTB has introduced several initiatives to reduce wait times for hearings, improve access to services for citizens, and make its processes fairer and more efficient for landlords and tenants.”

Perret said he was also only able to file with the RTB thanks to help from his niece and wants to see a less complicated system that is inclusive to seniors such as himself who may not be computer literate.

“If I didn't have an advocate working for me, I probably wouldn't be able to do the process. I can build roads and bridges, but I'm not very good with a computer.”

The RTB said that if a citizen experiences difficulty applying for dispute resolution online, they can call for assistance.

“While applying online is the fastest way to apply for dispute resolution, citizens can also complete a paper application and submit it in person at any Service BC Office or the RTB Office in Burnaby.”

With the loss of rent and the damages caused to the home, Perret estimated he’s at a $20,000 loss so far.

“It's very hard. It's difficult. And then eventually if it takes too long, you can very easily run out of money depending on how financially secure you are.”

Perret said he’s sharing his story to warn other landlords and prompt change.

“It has to be reviewed, to make sure it is fair for both sides, for renters and for landlords.”