Noisy, nude, and frightening.
Those are just a few of the ways that a landlord in a contentious B.C. tenancy dispute described their problematic tenant.
According to the Canadian Criminal Code section 174, no one can be nude, without lawful excuse, in a public space or on private property while exposed to public view; it doesn't matter if the property is their own or not.
Anyone who is nude in public view is "guilty of an offence punishable on summary conviction."
Vancouver criminal lawyer Kyla Lee told Vancouver Is Awesome in a previous interview that people who have windows that are visible to the public need to ensure they are not spotted in the nude. It doesn't matter if the windows are a couple of storeys high, either.
Someone who quickly walks from a bedroom to the bathroom is likely not to attract scrutiny or charges, notes Lee.
"Typically it's the folks who stand in full exposure staring outside that are the ones who get charged or calls from police."
According to B.C.'s Residential Tenancy Act (RTA), landlords are responsible for providing quiet enjoyment to all tenants. Upon getting a disturbance complaint from a tenant, the landlord must take steps to fix the problem. For example, a landlord may need to speak to a tenant about noise if it bothers neighbouring tenants.
Tenants must make sure they, their guests and their pets don’t unreasonably disturb other occupants.
If there are disturbances like unreasonable noise, excessive second-hand smoke or harassment from a neighbouring tenant of the same landlord, the tenant should speak to the landlord about the issue.
The tenant came out of the rental unit naked...allegedly
In this dispute, the landlord told the Residential Tenancy Branch (RTB) that they were performing a routine inspection of the rental unit when the tenant allegedly came out naked. After he emerged in the buff, the tenant "quickly put on underpants" before he chased the landlord down the stairs. The landlord states that they sprained their ankle while they were running out of the building to escape. They produced photographic evidence of the injury and reported that the police attended the scene following the incident.
In addition to chasing them, the landlord alleged the tenant also threw a book at them and shouted obscenities. Other renters also witnessed the tenant screaming and dancing on a rooftop.
One of the other renters also said they saw the problematic tenant "cutting the wires to the fire alarm at 1:30 a.m." The following day the tenant reportedly "removed the front door" and also the door that provided access to a common area in the building.
The RTB said that the tenant "unequivocally seriously jeopardized the health and safety of other occupants and the lawful rights of the landlord in keeping the building safe." Further, they found that the landlord produced sufficient evidence to support their claims.
The tenant was ordered to vacate the property and the landlord was granted possession.
