Kassam v. Castro
Wayne Castro
Law Firm / Organization
Unrepresented
William Graham Sullivan also known as Graham Sullivan
Altaf Kassam
Law Firm / Organization
Yan Muirhead LLP
Lawyer(s)

Iain Macdonald

Background: Altaf Kassam (landlord) and tenants Wayne Castro and William Graham Sullivan entered two short-term tenancy agreements. A dispute arose due to non-payment of rent for a luxury rental unit.

Legal Arguments/Issues:

  • Jurisdictional Dispute: Whether the claim exceeded the $35,000 monetary limit for the Residential Tenancy Branch (RTB) to hear. The landlord claimed total damages of $44,900. The tenants argued the case involved two separate disputes under two agreements, each below the limit.
  • Tenancy Agreements: The first agreement ran from February 1, 2023, to May 31, 2023, with a monthly rent of $13,800. The second agreement ran from June 1, 2023, to August 31, 2023, with a monthly rent of $14,900. The tenants failed to pay rent for April 2023 and vacated the unit.
  • Damages and Rent: The landlord sought unpaid rent for May, June shortfall, July shortfall, August shortfall, and liquidated damages, totaling $44,900. The tenants argued for the return of a $7,000 damage deposit and claimed the rent increases were improper.

Held: The court ordered the RTB to hear and determine the matter, including the dispute over the damage deposit.

Costs/Damages Awarded: The court did not award any damages to the landlord and required each party to bear its own costs.

Supreme Court of British Columbia
S232926
Real estate
Other