BURSTIt’s been a week since Sherry Campbell’s life turned extremely chaotic.
Campbell, 56, was a resident of the Tiki Village Motel – Vernon’s longstanding motel which opened in the late 1960s on the corner of 25th Avenue and 34th Street – when the motel gave six-day eviction notices to its residents on Nov. 13.
The four-line notice – which included only the number 19, no month – said tenants must be out by 12 p.m. on (presumably Nov.) 19 due to electrical problems at the motel.
Tenants, including Campbell, shared their stories on the eviction, as well as the trauma caused by online comments written about them.
Campbell touched base with The Morning Star Tuesday, Nov. 25, and said she’s moved out of the motel three times, and still, she has nowhere to go.
“Things are still not so good. They had promised payout once we leave. Many have fled with hopes of being compensated,” said Campbell. “But payments are failing. Places that we tried to book for December are canceling us as we don’t have payment to cover the expenses this unexpected move has caused.
Each time Campbell received a refund, it was declined when she tried to cash it, she said, so she moved back into an empty motel room.
The motel, she said, “looks like a wasteland.”
“Some rooms have doors open to a hastily rushed departure,” she said. “Fitting all they can into their modified UHaul grocery carts.”
A man described by Campbell as an elderly war veteran remains at the motel, and, she said, he is crying, but acting like “a true war hero, stating he is going to make his stand and not budge.”
Another tenant is trying to fight back.
Campbell said the tenant tried to serve legal papers to a woman named Regina, who Campbell said is the acting manager and the person who handed out the eviction notices, but the woman refused to take the papers.
“I witnessed the event. How can we have no say or legal recourse?” asked Campbell. “This is becoming extremely traumatic.”
Campbell’s belongings, she said, are in storage.
The utilities remain on at the hotel.
Ministry of Housing and Municipal Affairs Response
The Morning Star reached out immediately Wednesday, Nov. 19, to the ministry for clarification on the eviction.
In a response Nov. 26, the ministry encouraged residents to reach out to the Compliance Enforcement Unit (CEU) of the Residential Tenancy Branch (RTB) if they have questions or concerns, as CEU has the power to intervene to ensure compliance with the law, if required.
A ministry spokesperson said while the Residential Tenancy Act (RTA) does not generally apply to vacation or travel accommodation, such as motel rooms, it may apply if the motel room is the primary and permanent residence of the occupant. Some factors that may determine if there is a tenancy agreement are:
• Whether the agreement to rent the accommodation is for a term;
• Whether the occupant has exclusive possession of the hotel room;
• Whether the hotel room is the primary and permanent residence of the occupant; and
• The length of the occupancy.
“If a tenant is unsure whether their type of housing falls under the RTA, they can apply for dispute resolution through the RTB and request that an arbitrator make a legal decision,” said the ministry.
A number of tenants told The Morning Star their tenancy is covered by the RTA, and the ministry confirmed in its email that there are clear rules for when a landlord is allowed to end a tenancy and certain protections for tenants.
“When a tenant is served a notice to end a tenancy, they can apply to the RTB’s dispute resolution process and request that the notice be cancelled,” said the ministry. “During the dispute resolution hearing, an arbitrator reviews evidence from both parties and makes a legal decision.”
If a tenancy covered under the RTA is illegally ended, landlords may face significant financial liability.
This could include paying the tenant(s) an amount equivalent to 12 times the monthly rent payable under the tenancy agreement(s). If a CEU investigation results in a finding that a landlord deliberately contravened the Act, this can result in administrative monetary penalties of up to $5,000 per contravention for each day the contravention continued, to be paid to the province.
The province, however, is not able to comment on whether the Residential Tenancy Act applies in this situation with the Tiki Village.
“Determining applicability can only be done through the dispute resolution process or as part of a CEU investigation,” said the ministry.
Landlord repair and maintenance responsibilities
The ministry said if a tenancy is covered by the RTA, then the landlord must maintain a residential property in a state of decoration and repair that complies with the health, safety and housing standards required by law. For more information, visit the RTB webpage.
Another option available to tenants is to reach out to their municipal officials for information on local bylaws. Some municipalities have adopted standards of maintenance bylaws that establish the minimum standards for rental housing and have provisions for enforcing them, such as fines for landlords who do not comply.
Tenancy deposits and fees
Landlords can’t keep a tenancy deposit unless the tenant agrees in writing or the landlord receives permission from the RTB. After receiving the tenant’s written forwarding address, the landlord has 15 days to return the deposit, agree on deductions in writing, or apply for dispute resolution.
If, after receiving a forwarding address, the landlord does not proceed with any of the above options within the 15-day timeline, the tenant can apply for dispute resolution requesting their deposit be returned.
Multiple calls to the motel owners by the Morning Star have not been returned.
The RTB’s Compliance and Enforcement Unit (CEU) ensures compliance with the residential tenancy laws of British Columbia by proactively providing information and direction, assessing complaints against landlords and tenants, and conducting investigations when warranted.
The CEU also has the power to impose administrative penalties on landlords and tenants who repeatedly or seriously violate the law.