B.C. woman 'worried sick' as cost of fighting repeated eviction notices adds up

A Maple Ridge woman who's received four eviction notices in the last nine months says the process of fighting them has left her broke, depressed and afraid of ending up back on the streets.

Naomi Smith has lived in her tiny apartment for about 13 years, since a kind man offered her a cheap place to live when he discovered she was homeless. She says she's paid her rent on time every month and had few problems with her landlords before December, when she received her first eviction notice.

Smith, 53, says none of the eviction notices are justified.Meanwhile, she alleges her landlords haven't dealt with chronic problems in her cramped space, including a rat infestation and damaged carpets that are constantly moist because of a leak.

"I don't ask for much. I just want to be able to live in a healthy place and this has gotten to the point where it's not healthy. I don't really know what a home really should feel like because of this place," Smith told CBC News.

She estimates she's spent close to $500 on fighting the eviction notices it costs $100 to file a dispute, plus the cost of registered mail. It's possible to recover that money if her disputes are successful, but the process can take months.

The only other option is giving up and moving out, which Smith says she can't afford.

Lawyer Danielle Sabelliis not involved with Smith's case, but says she regularly sees similar situationsin her work for the Community Legal Assistance Society.

"When a landlord provides a tenant with repeated eviction notices, you do have to wonder whether or not these notices are valid or whether or not this is a form of intimidation and harassment," Sabelli said.

She points out that landlords don't have to pay anything to file for eviction, which means there's few disincentives for issuingrepeat notices.

No comment from landlords

Smith's landlords are Anne and Susan Barton of Ra-An Enterprises. Anne is the widow of Ralph Barton, the man who helped Smith get off the streetand who was briefly her landlord until his death in 2006, and Susan is their daughter.

Both Anne and Susan Barton hung up on a CBC reporter when reached by phone, and Susan Barton did not respond to a detailed text message outlining Smith's allegations.

Smith's apartment sits above a row of small shops, and consists of a small bedroom connected to a common area with kitchen and bathroom that she shares with a neighbour. Both of them have received very similar eviction notices in recent months.

Smith's notices cite a variety of reasons for removingher, including non-payment of her $464 rent, causing a disturbance, putting the property at risk and breaching the terms of her tenancy agreement all of which she denies.

In Smith's case, the eviction notices haven't stopped even after the Residential Tenancy Branch (RTB) ruled in her favour in April. An arbitrator cancelled onetwo-month eviction notice after the landlords "did not submit any documentary evidence" supporting their claim that they planned to move into Smith's suite after renovating it.

The same arbitrator, however, rejected Smith's claims for emergency repairs related to the water leak or the rats, finding that she had not proven repairs were urgently needed to protect her health and safety.

Potential damages for harassment

Smith has a full-time job at a restaurant in the neighbourhood, but she worries that the cost of fighting the eviction notices will eventually leave her unable to pay her rent. She has another RTB hearing scheduled for this fall.

"I'm worried sick about losing my home," she said.

Sabellisaid Smith can always file for an order from the RTB obliging the landlord to fix up her suite, but that will cost another $100. She could also ask for help from the RTB's newCompliance and Enforcement Unit, which can investigate serious tenancy problems and issue monetary penalties.

Sabelli said that if repeated eviction notices are found to be unjustified, that could mean the landlord has violated a tenant's right to quiet enjoyment of his or her home.

"When tenants are in these situations where they feel that landlords have used eviction notices as a form of harassment, one thing they can absolutely do is apply to the Residential Tenancy Branch for damages," she said.