Tenants living in the Magdalena apartment building in North Cowichan are facing eviction.
The developer, WestUrban Developments, applied to evict all residents to complete extensive renovations to the building.
“From day one it was a nightmare,” said Gordon Griffiths, who moved in the day the building opened in 2020.
On July 26, Griffiths received his notice from West Urban stating that the company was applying to the Residential Tenancy Branch to proceed with the eviction.
“They’ve known for months that they’re going to do a mass exodus. But they didn’t tell anybody,” Griffiths told CHEK News.
“We could have gone out scouting.”
Tenants say problems started immediately with the new building, including flooding in many apartments, cracks in walls and appliances that didn’t work.
Every Siatetsky’s apartment was no different.
“It looks very good from the outside. It’s new. But it doesn’t matter if it’s new and looks good if nothing works,” Siatecki said.
The problems, according to the tenants, start in the basement. The entrepreneur blocks the underground car park without notice.
Tenant Carolyn Langley took a picture of the parking area showing lots of support poles instead of cars.
“If you go down there, you’ll see all 13 points,” Langley said.
Pete Robison said the water problems are not only in the apartments, but also in the hallways.
“We’re the only ones who haven’t been hit yet. Every other apartment had leaks, everywhere,” explained Robison.
North Cowichan Mayor Al Siebring said the work must continue, but noted that tenants can stay until then.
“Once the Renos start, for example, they have to turn off the sprinkler system. Because part of the problem is plumbing. And you can’t live in a high-rise building like this without a sprinkler system,” Siebring said.
If the Residential Tenancy Branch approves the eviction, the earliest tenants would have to vacate the building is April 1.
Luke Bender said tenants, including himself, are frustrated after months of problems.
“We have nowhere to go. Help us, do something. Talk to us. There is no manager here. There’s no one to talk to. No support. There is no one,” Bender said.
“Its terrible.”
With North Cowichan’s vacancy rate at less than one percent, the concern for renters is finding a new place to live.
WestUrban did not respond to interview requests.
The Ministry of Housing issued a statement regarding the Magdalena situation:
- We can confirm that the Residential Tenancy Branch has received a dispute resolution application on this matter.
- To protect tenants, in 2021 the province introduced new regulations to prevent illegal renovations (unnecessary evictions to complete renovations to a property) by requiring landlords to apply to the Housing Tenancy Branch for prior approval before terminating a tenancy for renovation or repair. If a landlord wants to end a tenancy for this reason, they must first apply to the Residential Tenancy Branch.
- The landlord must have all necessary permits and approvals and must demonstrate that the work is necessary and the only way to complete it is by terminating the tenancy.
- Both the landlord and tenants are notified to attend a dispute resolution procedure where an arbitrator decides whether terminating the lease is the only way to complete this work. Although the Department does not disclose whether the landlord has applied to the RTB for this purpose, all tenants are notified to attend a dispute resolution hearing once an application is made.
- If the arbitrator decides to terminate the lease after the dispute resolution hearing, tenants will have four months to vacate the rental unit. Tenants will be entitled to receive an amount equivalent to one month’s rent payable under the tenancy agreement.
- The landlord must (except in extenuating circumstances) pay the tenant an additional amount equal to 12 times the monthly rent due under the tenancy agreement if the landlord does not renovate or repair the rental unit in the manner specified in the Four Months Notice, or they do not commence work on the renewal or repairs within a reasonable period of time after the effective date hereof.
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