What to do when you're being evicted for property development

Charity Justrabo was shocked when two big signs advertising a future property development were erected in front of her East Vancouver rental home last week. 

Justrabo knew she and the other tenants would eventually be evicted, but was unsure when. The signs made her worry it was coming sooner than she realized.

"It's stressful," she said. "We were quite perplexed."

The signs have since been removed. Developer Fabric Living said they had told their third-party property manager that landscaping work would begin to make space for the signs, but the property manager only communicated the landscaping to the tenants. 

"We understand that this came as a surprise to the tenant and we sincerely apologize for the inconvenience for everyone involved and completely understand why this would create unrest for the existing tenancies and the community," a spokesperson for the developer said in a statement to CBC. 

The stress the signs caused Justrabo was significant, she said. They were a constant reminder that she would eventually be evicted from her home, which as a pet owner looking for an affordable place to live, had been difficult to find.

"I've been watching [development signs] go up all over my neighbourhood in East Vancouver, so many land assemblies, so many condo ads, and to become another part of that landscape doesn't feel great."

More than 200 developments are under construction or planned for Vancouver according to construction listing website BuzzBuzzHome, many of which have installed signs advertising what's to come.

Robert Patterson, a tenancy lawyer who works with the Tenancy Resources and Advisory Centre, says tenants in this situation do have rights — it's all about knowing when and how to exercise them. 

Residential Tenancy Act

Familiarizing yourself with B.C.'s Residential Tenancy Act is key to understanding your rights when it comes to what landlords can do to a rental property, such as erecting signs or other structures, and eventual evictions.

In the case of the signs going up near Justrabo's home, which she said impacted her quality of living, Patterson says this could fall under a tenant's right to quiet enjoyment, outlined in section 28.

"A tenant can write a request to the landlord first to comply with the act," said Patterson. In Justrabo's case, that could mean the landlord addressing the signs by taking them down.

"If the landlord doesn't do that, the tenant does have the right to make a claim for compensation."

Look into permits

If a tenant is worried about when they're going to be evicted because of demolition or construction, Patterson says they should find out what stage the project is in by looking into its permits.

"It's important for tenants to know that just because a landlord may be intending to redevelop or planning to redevelop doesn't mean their tenancies are going to automatically end," he said. 

"The landlord needs the permits in place before they can legally end the tenancy."

In Vancouver, permits can be searched by address on the city's website. 

Connect with other renters

Justrabo, who still doesn't know when she'll be forced to leave, says anyone facing a similar situation could start reaching out to other people.

By sharing her frustrations with her sister, who happened to be working on a documentary about illegal billboards and had an idea of how these advertisements work, Justrabo says she was able to gain more understanding about the situation.

She also points to local tenants unions for help around navigating renters' rights.

"I think part of the problem is as renters we're often isolated, we don't know what's going on, it doesn't feel like we have a community of other people who care about our interests for housing," she said. 

"Making those connections can be helpful and make you feel less disempowered."