B.C.’s Civil Resolution Tribunal has ordered a landlord to pay a tenant $2,500 in compensation for belongings they threw out after evicting the tenant.
According to the April 30 decision, Brent Lowel Goughnour rented a room in a house from Michael Jones for a little over five years. They lived together from 2018 to 2023, sharing kitchen facilities and common areas.
“Text messages show friction in the parties’ relationship from November 2022 to the end of their roommate arrangement in April,” said tribunal member Christopher Rivers. “The nature of their disputes varied but were generally about rent and cleanliness.”
Rivers said a Jan. 5, 2023 text includes complaints from the Jones that he had to “chase the applicant for rent every month and repeatedly ask him to tidy. The texts ended with a warning from the respondent that the applicant needed to ‘step it up’ or he would get ‘one month notice’ to vacate.”
Goughnour did not provide evidence of his response, the tribunal noted.
In April 2023, Jones gave Goughnour notice to move out for unpaid rent and uncleanliness.
Goughnour said Jones changed how much notice he had, then later disposed of his personal belongings. He claimed $5,000 for their value.
Jones, however, said Goughnour did not pay rent for April, and when he left, took everything of value, leaving only garbage and junk.
Jones said he was responsible for cleaning the large mess Goughnour left behind and asked Rivers to dismiss the claim.
Jones told Goughnour a new tenant was moving in May 1 and gave him until April 21 to remove his belongings.
Goughnour said he slept in his car April 20 and went back into the house the following morning to remove more items.
“He said he took things outside and then left to take a load to his storage unit,” Rivers said. “He says when he came back, his expensive audio equipment and some filled baskets had been taken inside the house and the locks had been changed.”
Goughnour said he offered to finish moving and cleaning during the following 10 days but was denied access.
“He says he was unable to access his belongings, including his pet fish,” Rivers said.
Goughnour’s friend Nate Rose testified he went by the house May 2 and saw an “open house”-style giveaway of Goughnour’s belongings. Rose said the door was open, so he entered and saw an aquarium with dead fish.
“They say they spoke to EC, a person who identified themselves as having been hired by the respondent to move out the applicant’s things,” Rivers said. “Nate Rose says they took some items they thought the applicant would want, such as a gold watch, headphones, and clothing, and left.”
Chelsea Gimby said that on May 2, there were a lot of people attending the house to take Goughnour's things away.
Gimby says they spoke to one person who said Jones had hired them to remove Goughnour’s belongings.
On April 28, Jones’ lawyer wrote that Jones would dispose of Goughnour’s remaining items unless Goughnour paid for rent, repairs and the labour in removing items from the home.
The letter demanded “not less than $2,000” in payment and threatened action at the tribunal if Goughnour did not comply.
Rivers ruled the letter proved Goughnour’s allegation. He said Jones knew he had Goughnour’s belongings and refused to return them until they received a sum of money.
Rivers said while Jones may have had a claim for unpaid rent it did not entitle him to hold Goughnour’s things "for ransom."
He said Jones’ statement that Goughnour “left nothing of value is not credible and I give it little weight.” As such, Rivers ordered Jones to pay Goughnour.
