Surrey Tenant Wins $17,000 After Airbnb Discovery
A Surrey tenant will keep her $17,236 award after proving her evicted suite was turned into an Airbnb instead of housing the landlord’s family. Megan Neumann, a former resident, noticed discrepancies after moving out, leading to an investigation that confirmed the owners violated B.C.’s Residential Tenancy Act.
How the Eviction Happened
Cristopher and Leonida Resurreccion purchased a 36th-floor condo on May 1, 2023. They issued Neumann a two-month notice on May 28, claiming their son, Christian, would move in. Under B.C. law, landlords can evict tenants for immediate family use if the family member lives there for at least six months.
Tenant Turns Detective
After moving out, Neumann noticed repeated buzzer access requests on her phone and vehicles occupying her old parking spot. In October 2023, she found an Airbnb listing that appeared identical to her former unit, hosted under the name “Cris.” Photos of unique markings, a floral tablecloth, and bathroom tile patterns matched her previous residence. Facebook photos of the owners at the same location further supported her claim.
Legal Battle Upholds Award
The landlords challenged the tribunal decision, arguing the evidence was speculative and lacked procedural fairness. However, Justice Sandra Sukstorf of the B.C. Supreme Court found Neumann’s evidence compelling. On balance of probabilities, the arbitrator correctly concluded the suite was used as a short-term rental, not for family occupancy.
Key Evidence Highlighted
Neumann’s photos matched Airbnb listing images showing distinctive patio markings and table arrangements. The landlords had removed the listing and related Facebook photos after Neumann filed her complaint. Justice Sukstorf confirmed these coincidences supported the tribunal’s decision.
Landlords’ Arguments Rejected
The Resurreccions argued that Neumann’s photos could depict any of the building’s over 400 similar units. The court disagreed, ruling her evidence clearly identified the suite. Claims that furniture or markings were altered after she moved out were also dismissed, as submitted photos were irrelevant.
Outcome
The owners’ petition was dismissed, and Neumann retained her $17,236 award. This decision reinforces protections under the Residential Tenancy Act against misuse of eviction provisions for family occupancy.
