22/07/13 – Jurisdiction British Columbia
Part 18 published on 01/05/07
Landlord responsible for damage caused by “grow op” operation carried out in landlord’s unit
Part 18 published on 01/05/07
Landlord responsible for damage caused by “grow op” operation carried out in landlord’s unit
A marijuana grow op operation, carried out in one of the apartments, caused significant damage to the building. After a number of notices to the landlord, the Strata Corporation carried out the necessary repairs, at a total cost of approximately $106,000. The Strata Corporation then demanded payment from the landlord, and the landlord refused to pay.
The Court held as follows:
- The landlord was responsible for the damages. “The damage emanated from her apartment. Either she did it or she rented the apartment, contrary to the by-laws of the Strata Corporation, to tenants who caused the damage. She benefited form the work done by [the Strata Corporation].”
- The Strata Corporation’s insurance obligations did not affect the Court’s decision. The Court said: “There is no evidence that [the Strata Corporation] could have recovered anything by suing the insurance company.”
- The Strata Corporation had received a complaint and had given proper notice to the landlord, all in accordance with Section 135 of the Strata Property Act.
[Editorial Comment: The Court did not rule on the validity of the lien registered by the Strata Corporation.]