B.C. Tenant Battles to Reclaim Rental Suite After Landlord Defies Court Orders

A Lumby, B.C., tenant is navigating legal and financial hurdles after her landlord locked her out of her rental suite in August, despite court and Residential Tenancy Branch (RTB) orders mandating her return.

Megan Wood, who lived at the Ramshorn Motel, says she was locked out upon returning home and has since been denied access to her suite and belongings. The motel owners, identified as Hardial Singh Chahal and Jasbinder Singh, have refused to comply with the rulings, leaving Wood homeless and struggling to enforce her rights.

“I’ve had nights where I cried and prayed for help. I don’t understand how this is allowed to happen,” Wood said, describing the emotional toll of the ordeal.

Locked Out Without Notice

Wood moved into the motel in February 2023. When she returned from visiting family in late August, she discovered she was locked out of her suite. Attempts to contact the motel management were unsuccessful, and the RCMP, called to the scene, told her the issue was civil, referring her to the RTB for resolution.

On Oct. 1, the RTB ruled in Wood’s favor, granting her an order of possession and rejecting the owners’ claim that her rental agreement was temporary. Additionally, a B.C. Supreme Court justice issued a Writ of Possession on Oct. 8, authorizing her return to the suite. Despite these orders, the motel has continued to block her access.

The motel owners allege unpaid rent and property damage as justification for the lockout. Wood denies the allegations, saying her rent is partially covered by a housing subsidy and the remainder is paid from her disability benefits.

Enforcement Challenges

Wood has repeatedly attempted to reclaim her suite, but enforcement of the orders has proven difficult. She says both RCMP officers and court sheriffs have declined to take action, while private bailiffs require upfront payment, which she cannot afford.

Kelowna lawyer Paul Hergot, who is advocating for Wood, argues that the current enforcement mechanisms are inaccessible for vulnerable tenants.
“The RTB is accessible for individuals like Megan, but the process to enforce those rulings is overly complex and moves into the costly realm of B.C. Supreme Court,” Hergot said. He advocates for streamlining enforcement under the RTB to better protect tenants.

Homelessness and Frustration

Since the lockout, Wood has been forced to sleep on friends’ couches, in her car, and at a hostel. She says the experience has drained her finances and left her feeling ashamed and isolated.

Adding to her struggles, Wood says a recent effort to push for further court enforcement was derailed because she was unaware of procedural requirements to provide physical court documents, causing another delay in the case.

“I still don’t understand why it’s taken since October 1 to get help to simply retrieve my belongings,” she said.

The Ramshorn Motel owners declined to address their non-compliance with court orders, with one owner responding, “If you like her, you can put her in your home.”

Wood continues to await action to enforce the orders and reclaim her suite, highlighting what she and her lawyer see as gaps in B.C.’s tenant protection laws.