A woman in Surrey has won a legal battle. She will keep her $17,236 award. A B.C. Supreme Court judge ruled in her favor. This ruling confirms a decision by the Residential Tenancy Branch. The case involved Megan Neumann. She was a tenant who was evicted from her home. Her landlords said a family member would move in. But she later discovered the unit was being rented on Airbnb. This was a direct violation of tenancy laws.
The landlords, Cristopher, Leonida, and Christian Resurreccion, tried to appeal the ruling. They claimed the original decision was based on guesswork. They said it lacked proof and was unfair. The landlords argued the arbitrator made mistakes. They said their Airbnb photos were not faked. But Justice Sandra Sukstorf saw no reason to change the tribunal’s decision. She wrote that the arbitrator’s conclusion was sound. It was supported by several facts. Therefore, it would not be changed.
The story began in May 2023. Cristopher and Leonida bought a condo in Surrey. It was on the 36th floor. They issued Neumann a notice to end her tenancy. The reason was their son, Christian, would move in. B.C. law allows owners to evict a tenant for family use. The close family member must live there for at least six months.
After Neumann moved out, she kept getting buzzer requests on her phone. She also noticed different cars using her old parking spot. In October 2023, she found an Airbnb listing. It looked exactly like her old unit. The host’s name was “Cris.” The profile picture showed Devil’s Tower in Wyoming. Neumann did some research. She found Facebook photos of the Resurreccions in front of the same monument. They had been on a trip to Wyoming.
Neumann gathered all her evidence. This included the photos from Facebook and the Airbnb listing. The photos showed unique markings on the patio. These marks were from tape she had used for an air conditioner. They were in the exact same spot in both sets of photos. The Airbnb ad also had a photo of a special floral tablecloth. The same tablecloth was in a Facebook photo on the Resurreccions’ page. There were also photos of unique marble patterns in the bathroom tiles. These also matched her unit.
After Neumann filed her complaint, the landlords removed the Airbnb listing. They also removed the related Facebook photos. They denied renting the unit for short periods. They claimed Christian had moved in on August 13, 2023.
To overturn the arbitrator’s decision, the judge would have needed to find it clearly unreasonable. It would also need to lack fairness or proof. The owners argued the suite in Neumann’s photos could have been any of the over 400 identical units in the building. However, Justice Sukstorf found Neumann’s evidence very convincing. On a balance of probabilities, it showed it was the same unit.
The arbitrator noted many ties between the owners’ condo and the Airbnb listing. The judge wrote that the arbitrator concluded it was “more likely than not the same unit.” The owners said the arbitrator guessed they had changed the photos. They claimed they may have cleaned the patio marks. They also said they may have changed furniture before taking the photos. But the judge noted that the photos they submitted were taken after Neumann moved out. This made them not useful.
The judge dismissed the owners’ request. This meant Neumann could keep her evicted tenant award. The ruling sends a strong message. It shows that tenancy laws in B.C. will be enforced. It also shows that tenants who are unfairly evicted have strong rights.
