Sask. landlord loses case for rent arrears for cockroach-infested unit

(File photo)

A Saskatoon landlord had his case against a tenant who had not paid rent in months tossed out.

Shane Buhler filed a court action against his tenant Tim McManus, claiming McManus owed him $2,350 in rent arrears for a property at 231 Winnipeg Avenue South in Saskatoon.

According to the court record, McManus signed a tenancy agreement around March 27, 2022 despite being aware of an ongoing cockroach problem at the property.

“The landlord has tried his darndest to get rid of the cockroaches and he has gotten rid of them in the upstairs suite,” the court document said.

There was another spray scheduled for the property, according to the court record.

“The rental unit has a cockroach infestation and the Tenant will lose all of his belongings if he has to move because he cannot take these possession to a new rental.”

By Aug. 19 Buhler alleges he was over $2,000 in arrears.

He told the court he had tried to make a payment but Buhler had refused to accept it.

“The Landlord asked for some money and the Tenant offered $440.00. The Landlord said he needed to think about it and then said he wanted the Tenant out of the rental unit,” hearing officer Maya Scott wrote in the court documents.

McManus also said his wages had been garnished by the Canada Revenue Agency for tax arrears.

“It took the tenant some time to get the garnishment down to thirty percent,” Scott wrote.

Scott said she was exercising her discretion to “grant the tenant relief from the landlord’s application for possession and from the landlord’s claim to rent arrears.

“In particular, I note that the cockroach infestation continues to be ongoing, the Tenant would suffer significant consequences if required to relocate due to his belongings being infested by cockroaches, and the Tenant is presently in a position to pay rent and rent arrears in full,” Scott said.

“I caution the Tenant that this decision does not award the Tenant an abatement of rent and that future failures to pay rent arrears or rent may entitle the Landlord to possession of the rental unit.”

The decision was filed with the court on Sept. 7, 2022.