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Burnaby renter lawyers up to fight ‘sleazy’ landlord and recoup illegal rent hike

Her landlord lied about when freeze ended and she didn't bother to check
for-rent

The province's rent freeze expired at the end of 2021, but that was news to Tam.

The Burnaby tenant says she is feeling red-faced because she thought the rent freeze had been stopped on July 1, 2021 after her “sleazy” landlord lied to her about the B.C. regulations.

Tam said her landlord photoshopped something that looked like the provincial government's website and printed it off.

“I trusted my landlord and was so caught up in working two jobs just to afford the rent and raising a child that I didn’t bother to check,” said Tam. “He told me the freeze was ending and gave me notice that he was raising the rent. So I’ve been paying that since July and I’m furious at what he did. Yes, it’s my fault for not checking, but I just didn’t imagine that someone would just lie about this.”

A few weeks ago, Tam said an article on the NOW website about the rent freeze ending and the rules set out for rent increases.

“I don’t normally swear but I said some bad words after reading that,” Tam said. “I texted my landlord about it but he didn’t respond. I don’t think he wanted anything documented. So now I’ve contacted a lawyer to see what my options are. I’m going to fight this. It’s just so sleazy.”

As of Jan. 1, 2022, B.C. landlords may increase rent by a maximum of 1.5 per cent, based on inflation, explains a news release. 

B.C. landlords may only increase once annually, if they choose to increase rent at all.

In 2021, B.C. banned illegal renovictions (evictions to complete renovations to a property) by requiring landlords to apply to the Residential Tenancy Branch for pre-approval before ending a tenancy.

Quick Facts:

  • If a landlord served a tenant with a notice of rent increase that takes effect in 2021, it is null and void and the tenant does not have to pay it.
  • The maximum allowable rent increase is defined by the 12-month average per cent change in the all-items Consumer Price Index for B.C. ending in July the year prior to the calendar year for which a rent increase takes effect.
    • For example, if a rent increase takes effect in 2022, the maximum allowable rent increase is the 12-month average per cent change in the all-items Consumer Price Index for B.C. ending in July 2021. 
  • The 2022 maximum increase for manufactured home park tenancies will be 1.5%, plus a proportional amount for the change in local government levies and regulated utility fees.
  • The rent increase does not include commercial tenancies, non-profit housing tenancies where rent is geared to income, co-operative housing and some assisted-living facilities.
  • With additional reporting by Elana Shepert, Vancouver is Awesome

Follow Chris Campbell on Twitter @shinebox44.