Eviction hearing for Kelowna problem house pushed to next year: landlord

Eviction hearing pushed

Neighbours of a problem home in Rutland will now have to wait until next year for a resolution.

The owner of 235 Nickel Road, a home deemed a “problem residence” by the Kelowna RCMP, says his hearing before the Residential Tenancy Board has been pushed into next year.

“I don't have any words to say how frustrated I am,” said Amit Chopra, a Surrey-based realtor, who is trying to evict his tenants who have not paid rent since May.

Between November 2021 and two weeks ago, the home had generated 37 files for police, including overdoses, noise complaints, assaults, domestic disputes, stolen property and suspicious activity.

Chopra says he previously had an eviction hearing before the RTB scheduled for October, but was pushing for an earlier date. He says he was told when he submitted his application for a new hearing that he would get an earlier date, so he could cancel the October hearing.

This week, Chopra learned his new hearing date — Jan. 12, 2023.

“They are purposely trying to make life more difficult for me,” he said of the RTB, referring to his previous critical comments of the board.

In a letter to Chopra, the acting executive director of the RTB Richard Rogers noted that arbitrators at two previous hearings determined that the landlord did not supply adequate evidence

“If you believe the arbitrators’ decisions are patently unreasonable, you may apply to the Supreme Court of British Columbia for a judicial review of the decision,” Rogers said.

Chopra, a Lower Mainland resident, says fighting out the matter in a Kelowna courtroom is not a feasible option for him.

The home has no electricity or water running to it, said Chopra, who has been receiving notices from the city’s Property Standards Compliance Team — consisting of RCMP, bylaw and fire department.

“They're sending me warning letters, but they know I'm cooperating. So they have not fined me yet. But they will eventually.”

Chopra first attempted to evict the tenants after a brutal assault involving a baseball bat occurred outside the house on April 30. Someone was also bear-sprayed inside the home.

"The Kelowna RCMP have identified this property as a problem residence due to its continuous activity involving drugs and property crime as well as known offenders frequenting the location," said Cpl. Guillaume Tanguay in an email to Chopra earlier this month.

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