A Bizarre Tenancy Dispute: Garbage, Cameras, and Social Media Evidence

A Bizarre Tenancy Dispute: Garbage, Cameras, and Social Media Evidence

The Case: A Landlord’s Fight Over “Bad-Faith Eviction”

The landlord sought to reclaim rental property so that their daughter could live closer to the

university. The eviction was legitimate, and the tenants moved out. However, the tenant wasn’t

ready to let the matter go. They suspected the landlord's daughter wasn’t living there and filed a

claim for bad-faith eviction, demanding a full year’s rent as compensation.

What followed was a series of strange and invasive actions by the tenant to gather evidence for

their claim.

The landlord sought to reclaim rental property so that their daughter could live closer to the

university. The eviction was legitimate, and the tenants moved out. However, the tenant wasn’t

ready to let the matter go. They suspected the landlord's daughter wasn’t living there and filed a

claim for bad-faith eviction, demanding a full year’s rent as compensation.

What followed was a series of strange and invasive actions by the tenant to gather evidence for

their claim.

The Tenant’s Investigative Efforts

After moving just a couple of blocks away, the former tenant began returning to the property

regularly. Over a month, they:

  • Searched Through Garbage: The tenant rummaged through trash bins, looking for

    evidence of occupancy.

  • Knocked on Neighbors’ Doors: They asked neighbors if they had seen anyone living

    in the house.

  • Used a Camera Through the Door: Surveillance footage captured the tenant using a

    small stethoscope-like camera, inserting it through the peephole to take interior pictures.

The tenant argued that the landlord’s daughter wasn’t living in the house, citing a lack of

garbage, the absence of a parked car, and no sightings by neighbors as evidence.

The Landlord’s Defense

The landlord’s legal team had to counter the tenant’s claims with evidence of their own. They

explained the daughter’s lifestyle as a university student:

  • Irregular Schedules: Like many students, the daughter studied late, spent time on

    campus, and returned home at odd hours.

  • No Cooking or Car: She relied on Uber Eats for meals, didn’t cook, and used public

    transit, leaving no physical evidence, such as food wrappers or a parked car in the

    driveway.

  • Weekend Visits to Parents: The daughter took her garbage to her parent’s home on

    weekends, leaving little physical evidence at the rental property.

Social media posts, Uber Eats receipts, and surveillance footage showing the tenant’s invasive

actions were presented as evidence to refute the claim.

Creepy Behavior Meets Legal Complexity

The tenant’s invasive behavior, including digging through garbage and using a camera to spy on

the property, raised ethical and legal questions. While their actions might be considered

trespassing, the Residential Tenancy Board (RTB) is not a criminal tribunal. Evidence obtained

through questionable means may still be considered if it supports a claim.

However, the landlord’s legal team skillfully discredited the tenant’s evidence by demonstrating

the validity of the daughter’s residency through legitimate means, including Uber Eats delivery

records and Instagram posts.

The Outcome

Ultimately, the landlord successfully defended the claim. Still, the case highlights how far some

tenants will go to dispute an eviction and how critical evidence from modern technology can be

in these disputes. Surveillance footage, social media posts, and receipts helped tip the scales in

the landlord’s favor, showcasing the importance of thorough preparation in tenancy disputes.

The Takeaway

This story underscores the growing relevance of social media and digital evidence in tenancy

disputes. Landlords and tenants should be aware of how their actions—and the evidence they

provide—can influence the outcome of a case. Whether it’s proving intention or defending

against false claims, careful documentation and a willingness to go beyond the basics can make

all the difference in navigating tenancy law

The Case: A Landlord’s Fight Over “Bad-Faith Eviction”

The landlord sought to reclaim rental property so that their daughter could live closer to the

university. The eviction was legitimate, and the tenants moved out. However, the tenant wasn’t

ready to let the matter go. They suspected the landlord's daughter wasn’t living there and filed a

claim for bad-faith eviction, demanding a full year’s rent as compensation.

What followed was a series of strange and invasive actions by the tenant to gather evidence for

their claim.

The landlord sought to reclaim rental property so that their daughter could live closer to the

university. The eviction was legitimate, and the tenants moved out. However, the tenant wasn’t

ready to let the matter go. They suspected the landlord's daughter wasn’t living there and filed a

claim for bad-faith eviction, demanding a full year’s rent as compensation.

What followed was a series of strange and invasive actions by the tenant to gather evidence for

their claim.

The Tenant’s Investigative Efforts

After moving just a couple of blocks away, the former tenant began returning to the property

regularly. Over a month, they:

  • Searched Through Garbage: The tenant rummaged through trash bins, looking for

    evidence of occupancy.

  • Knocked on Neighbors’ Doors: They asked neighbors if they had seen anyone living

    in the house.

  • Used a Camera Through the Door: Surveillance footage captured the tenant using a

    small stethoscope-like camera, inserting it through the peephole to take interior pictures.

The tenant argued that the landlord’s daughter wasn’t living in the house, citing a lack of

garbage, the absence of a parked car, and no sightings by neighbors as evidence.

The Landlord’s Defense

The landlord’s legal team had to counter the tenant’s claims with evidence of their own. They

explained the daughter’s lifestyle as a university student:

  • Irregular Schedules: Like many students, the daughter studied late, spent time on

    campus, and returned home at odd hours.

  • No Cooking or Car: She relied on Uber Eats for meals, didn’t cook, and used public

    transit, leaving no physical evidence, such as food wrappers or a parked car in the

    driveway.

  • Weekend Visits to Parents: The daughter took her garbage to her parent’s home on

    weekends, leaving little physical evidence at the rental property.

Social media posts, Uber Eats receipts, and surveillance footage showing the tenant’s invasive

actions were presented as evidence to refute the claim.

Creepy Behavior Meets Legal Complexity

The tenant’s invasive behavior, including digging through garbage and using a camera to spy on

the property, raised ethical and legal questions. While their actions might be considered

trespassing, the Residential Tenancy Board (RTB) is not a criminal tribunal. Evidence obtained

through questionable means may still be considered if it supports a claim.

However, the landlord’s legal team skillfully discredited the tenant’s evidence by demonstrating

the validity of the daughter’s residency through legitimate means, including Uber Eats delivery

records and Instagram posts.

The Outcome

Ultimately, the landlord successfully defended the claim. Still, the case highlights how far some

tenants will go to dispute an eviction and how critical evidence from modern technology can be

in these disputes. Surveillance footage, social media posts, and receipts helped tip the scales in

the landlord’s favor, showcasing the importance of thorough preparation in tenancy disputes.

The Takeaway

This story underscores the growing relevance of social media and digital evidence in tenancy

disputes. Landlords and tenants should be aware of how their actions—and the evidence they

provide—can influence the outcome of a case. Whether it’s proving intention or defending

against false claims, careful documentation and a willingness to go beyond the basics can make

all the difference in navigating tenancy law

Iven KS Tse Law Corporation

© 2024 Iven K.S. Tse Corp. All Rights Reserved.

Iven KS Tse Law Corporation

© 2024 Iven K.S. Tse Corp. All Rights Reserved.

Iven KS Tse Law Corporation

© 2024 Iven K.S. Tse Corp. All Rights Reserved.