We have a rental property in Victoria, BC, Canada, with a two suite property with an upper tenant and lower tenant. The

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Customer: Hi, We have a rental property in Victoria, BC, Canada, with a two suite property with an upper tenant and lower tenant. The lower tenant that has has clinical mental health issues that requires her to have health workers check on her once per day. She has called us a number of times to 'fix' a plumbing issue that was just a clogged toilet which should have involved her landlords. The upper tenant has complained several times about the lower tenant's garbage being left all over the place outside the property, and she often over fills the garbage. Now, the upper tenant is complaining that a disgusting smell is coming up from the lower suite and into the upper suite. We check the smell the other day and it is disgusting. Do we have any grounds to evict the lower tenant?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Victoria, BC, Canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: month-to-month; issues related to health / cleanliness of tenant
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Debra in 32 mins 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

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Debra, Expert

Have you provided this tenant with a written demand that she keep the place clean and not allow that smell to occur anymore?

Customer
We have not provided her a written demand. Do you think that should be the next step we take?
Customer
Also, if we preferentially would like to evict her, what would be our next step?
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Debra, Expert

You have to give her a written demand to rectify the situation first then when she doesn't then you can apply to evict her.

Because of Covid things aren't working the way they usually do so your best next step would be to contact the residential tenancy branch in the morning so you can get through and see what they say in terms of how best to proceed during Covid. The concern is you might not be able to get a hearing for a long time unless they agree to hear you on an urgent basis and they might based on these facts.

Here is a link to their contact information:

https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch

Customer
Ok, thank you.
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Debra, Expert

You're very welcome.

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Ok! Thanks.
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Debra, Expert

Any time.

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