A group of Vancouver tenants are fighting back after being threatened with eviction for their participation in a private tenant group on Facebook.
Members of the group who live at The Yarrow apartment building on Kootenay Street in east Vancouver say someone from Realstar Group, the company that owns and manages the building, taped a letter to the doors of their unit last month.
The first line in bold and capital letters reads: “WARNING OF BREACH OF LEASE.”
“You are receiving this letter due to your participation in the Yarrow Residential Hub Facebook group,” it reads.
The letter says: “Sharing details of private conversations and publicly encouraging other tenants to get involved and make complaints is serious interference with management and a breach of your tenancy agreement and the Residential Tenancies Act.”
The letter suggests that some comments in the group constitute “defamation” and concludes: “…if you repeat any of these actions or breach your lease, your lease will end.”
Realstar is a privately held real estate investment and management company based in Toronto with more than $9 billion in assets, according to its website.
CBC News spoke to three tenants who expressed concerns but declined recorded interviews.
One tenant described being “shocked” by the letter and said the Facebook group’s administrators were “deeply concerned” about how the company gained access to and learned the identities of group members who use a pseudonym or post anonymously.
Owner retracts accusations
CBC News requested an interview with a Realstar representative but was told no one from the company was available. In an emailed statement, Realstar said it takes residents’ concerns seriously and was “carefully reviewing the matter.”
“We recognize that a letter was sent to certain residents on September 19 and understand that it may have caused concern to some,” the statement said. “Our goal is to foster an open and respectful dialogue with residents, while ensuring our staff can work in a safe and respectful environment.”
However, in a subsequent statement, sent to CBC News on Wednesday, the company said it had apologized to residents for the letters.
“We also want to make it clear that the tenants have not violated the Residential Tenancies Law. Residents have the full right to communicate with each other, share their experiences and discuss matters related to their homes,” it reads.
A group of Vancouver tenants are fighting back after being threatened with eviction for posts in a private tenant group on Facebook. Karin Larsen reports.
Tenants organize
Last week, before the company’s apology, A group of ten tenants calling themselves Concerned Tenants of The Yarrow signed a response to Realstar calling the allegations in the September 19 letter “baseless.”
“These threats are distressing and undermine the trust and security renters should feel in their homes,” the group wrote.
The tenants requested that Realstar “stop sending emails that are perceived as threatening or harassing in response to tenants’ requests for service” and to stop “…monitoring tenant communication, whether online or in person…”
In this case, the landlord has explicitly said that he seeks to retaliate against the tenants just for talking to each other.– Mariah Javadi, Vancouver Tenants Union
Mariah Javadi of the Vancouver Tenants Union said Realstar’s letter seems like an intimidation tactic.
“It’s pretty crazy. We’ve heard of owners making all kinds of threats, but this one is very explicit,” he said. “In this case, the landlord has explicitly said that he seeks to retaliate against tenants just for talking to each other.”
Robert Patterson, Attorney at the Tenant Resource and Counseling Center (TRAC)), said it was Skeptical that the company had an eviction case under the Residential Tenancies Act (RTA).
He said that contrary to statements in Realstthe initial of arAdditionally, the RTA does not consider lease agreements to be private and confidential. He also said there is nothing in the tenancy law that prevents tenants from encouraging others to make requests to the landlord.
“GRAMin general, [the letter] “It smells to me like a landlord trying to crack down on tenants who are talking to each other about the problems they are facing in their tenancy,” he said.
“I think a lot of times landlords become concerned when tenants in their buildings start working together to collaboratively solve problems within the building. Sometimes that results in landlords trying to impede that collaboration.”
The Yarrow Residential Hub Facebook group has around 100 members and predates Realstar’s purchase of The Yarrow last May.
One tenant described the group as a forum to meet neighbors, share construction concerns and news, and post items for sale. This description aligns with what CBC News observed when the group was granted access.
Prior to the company’s apology, CBC News requested specific details from Realstar to support its allegations that Yarrow tenants had violated leases and the Residential Tenancies Act, or had committed defamation. Those questions remained unanswered.
Javadi and Patterson say cases of landlords accusing tenants of defamation are increasing.
Last year, another Vancouver landlord filed a lawsuit in British Columbia’s Supreme Court accusing six tenants of a low-rise West End building of defamation. The lawsuit was filed after tenants started a WhatsApp group and organized a protest and poster campaign against the landlord.
According to Patterson, the tenants in that case found a pro bono attorney to file a response. In June of this year, the landlord withdrew the lawsuit.
To protect themselves from potential defamation lawsuits, Patterson said it’s important for tenants to make sure everything they say is factual.
“t“The goal and benefit of working together is so everyone can be on the same page, figure out what’s really going on and strategize on how to hold the owner accountable,” he said.
Javadi said tenants have more power when they stand together.
“What the tenants of this building have been doing is what we recommend to all tenants,” he said. “The landlord can’t bring them to the RTB and try to evict them just for talking to each other, just for having this Facebook group. That’s not something they have to worry about.”
