Last month, a residential tenancy officer issued a decision dismissing the application by landlord Marcus Ranjbar to evict tenant Stacey Gomez on Sept.12. In addition, Ranjbar was also ordered to pay the tenant $837.91 in compensation relating to the loss of “some enjoyment of her unit.”
Gomez has lived in the Church Street building for five years, since December 2017, and the building was sold to Ranjbar last year.
She said Ranjbar's attempts at "renovicting" her first started by trying to get her to sign a shorter lease that would end on April. After declining, in March, her landlord sent another document for her to sign, stating it would be of her own volition, however, Gomez refused to sign it.
After refusing to leave her home of five years, her landlord filed papers with the residential tenancy program to try to have Gomez evicted.
"There are a number of actions that have been taken by the landlord, including demolishing the front steps of the building without giving me any advance notice, and that meant that I lost my mail service. They demolished my deck and destroyed my garden. The landlord left a note on my door one day stating that, if any, if any harm came to me as a result of the work that they were doing, he wouldn't be held liable, even if it was due to his negligence," said Gomez.
In addition, Gomez said she was without internet for about two months after her wires to the internet service were cut and entirely removed.
Since her win in September, landlord Ranjbar has filed an appeal, stating that the decision made was "erroneous," which means her case is going to be heard in small claims court, essentially a new trial where Gomez will have to present evidence again.
Ranjbar will also have to present evidence, and an adjudicator will make a decision as to whether Gomez will be able to stay in her home or leave. Ranjbar's argument is that the building is experiencing a mold issue that requires significant repairs.
Gomez claims that he has used similar different excuses in the past in an attempt to get her to leave the premises.
"The issue for me right now is around whether the hearing will be held in person or whether it's going to be virtual, I would like it to be held in person so that the media and the public can participate fully. The landlord is pushing for it to take place virtually, ensuring that the hearing would be held as soon as possible."
However, Gomez wants her case to be held in person at open court.
"I don't think that that should come at the cost of a democratic right, to be able to have your case heard in open court. And the reason why these hearings are taking place virtually is due to COVID-19 restrictions. But we see that there aren't any restrictions, currently in the province."
Gomez said it is important to speak up on tenant rights, and that the community support has been strong but that her renoviction case is far from over.
She is concerned about safety issues regarding not having mail service, or a mailbox at her current home. Also since she works from home, having no internet over long periods has proven to be a challenge for her.
"The internet issue has been resolved recently, at least for the moment."
Currently, Gomez is working with her lawyer regarding finding witnesses, working on new evidence to be introduced, and whether or not this hearing will be in person or online.
To help pay for her legal fees, Gomez launched a fundraiser online through GoFundMe, asking community members for contributions. She has since raised $2,665 towards her legal fees.
Gomez has not been in contact with Ranjbar since her win in September. A court date is in the works and has not yet been set.
CKDU made an effort to reach Ranjbar for a comment and interview but received no response.
Listen to the full interview below: