Coquitlam tenant loses court challenge over $21,600 eviction claim

B.C. Supreme Court has dismissed a former Coquitlam tenant’s bid to overturn a Residential Tenancy Branch decision denying her $21,600 in compensation after she was evicted for a landlord’s daughter to move into the apartment.

Mozghan Bahadori Nia had rented the unit owned by Kian Bahaie since 2014. In August 2019, Bahaie gave her two months’ notice, saying his daughter intended to occupy it. It was not disputed that the daughter ultimately did not live there overnight.

Under the Residential Tenancy Act then in force, a landlord could end a tenancy for a good-faith occupation by themselves or a close family member. A tenant could receive 12 months’ rent if that purpose was not met, unless the landlord established extenuating circumstances.

Bahaie testified that his daughter intended to use the apartment to be closer to SFU. He said repairs after the tenant left delayed the move, and that the daughter used the unit two or three times a week to study before the pandemic shifted classes online and she remained at the family home.

The RTB accepted that evidence, finding the studying and repair efforts fulfilled the purpose of the notice. It also found the pandemic would amount to extenuating circumstances. Justice Terence Schultes ruled that, despite concerns about aspects of the hearing process, Bahadori Nia had an adequate opportunity to challenge the evidence. The petition was dismissed and costs were awarded to Bahaie.