Matt Astifan and his son, Marcus. (Facebook)

B.C. man says he was evicted due to ‘personal vendetta’ against his toddler

Matt Astifan says he has tried to do what he can but a young child will always make some noise

A New Westminster man has 10 days to get out of his apartment after what he calls a “personal vendetta” against his two-year-old.

Matt Astifan, who lives in a family-friendly apartment with his partner, Mary, and his son, Marcus, is frustrated with a Rental Tenancy Board decision allowing eviction for the noise made by the young boy.

In a Facebook post on Jan.21, Astifan says the issue started on in January 2018, after management complained their toddler was running in the hallways at night to “burn off his energy” before bed.

Astifan says they stopped letting Marcus run outside their apartment.

Nine days later, Astifan’s downstairs neighbour complained about “ridiculous” noise.

In a letter from management, the neighbour noted “stomping with shoes, dragging of things (toys) across the floor, continual running… and banging that disrupts us every single day and into the late evenings.”

Astifan says management seemed somewhat sympathetic, and he added rugs in the unit, kept shoes off inside, and didn’t allow playing with toy cars on the hardwood floor.

In July, a new set of downstairs neighbours complained about Marcus running around late at night.

“Why a three-year-old is up and running around past 9:30 p.m. is beyond me, but as these are the second neighbours bringing up this issue. You’ll need to find a solution,” Shoreline Building Manager Serge Rondeau wrote in an email to Astifan, which he provides access to in the Facebook post.

“I will be issuing written notices from now on, and it’s not because you guys are not good tenants, as you are, but because I need to do what I can to make new tenants comfortable.”

Astifan says he told Rondeau not to expect any significant changes “since there isn’t much more we can do about it.”

His partner, Mary, wrote a letter saying the family does not want to escalate, but that under the Residential Tenancy Act, children have the right to make a reasonable amount of noise.

“We have the right not to be harassed and threatened with eviction and notices for regular child noise like walking, trotting, playing and running,” she said.

“We try to put him on schedule and sleep before 8 but yes, [toddlers] do stay up after 9:30 sometimes because he is not a robot, he has tantrums, moods and sometimes refuses to sleep.”

Noise complaints and written notices continued until Nov. 27, when management sent an eviction notice requesting Astifan and his family move out by Jan. 31.

“We have been targeted and harassed by the building managers for months now, through their abuse of power as our property managers, they are trying to force us out of our home,” Astifan wrote.

“They have ignored our complaints regarding the tenant below us banging on his ceiling, screaming at me from his patio and smoking on his patio, while taking massive action against our family to the point of this unsubstantiated eviction notice.”

READ MORE: North Delta renters fight eviction over pets

READ MORE: South Surrey RV residents dispute legality of eviction

Astifan appealed the notice with the Residential Tenancy Branch, which found the landlords have made every reasonable attempt to resolve the issue and could evict the family.

“The landlords in this matter have other families living in the building, which have not been evicted for children playing,” wrote arbitrator A. Wood in their Jan. 21 decision.

“The landlords have relocated a previous occupant due to the ongoing noise from the tenant’s rental unit and have even offered the tenant living accommodation more suitable for the tenant’s family, which was not accepted by the tenant.”

Astifan cannot appeal the decision.

A request for comment from the apartment management company has not yet been returned.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Quesnel Kangaroos take round one of playoffs versus Williams Lake

The Roos prevailed 6-4 in an exciting home game over their long time foes.

Educational Family Day fun at the Quesnel Museum and Archives

The museum provided games, scavenger hunts, snacks, a dress-up chest and free admission

Province announces $100-million grant funding for Northwest communities

The Northern Capital and Planning Grant will go to four regional districts and 22 municipalities

Quesnel ringette player excited to help Team B.C.

Katie Young will play centre for the squad at 2019 Canada Winter Games

Mermen calendar targets ‘toxic masculinity,’ raises big money for charities

Newfoundland and Labrador Beard and Moustache Club gave a cheque for more than $202,000 to Violence Prevention NL

‘Our entire municipality is heartbroken’: Seven children die in Halifax house fire

A man and woman remained in hospital Tuesday afternoon, the man with life-threatening injuries

Minister says plans to fight poverty, climate change, focus of B.C. budget

The NDP said in its throne speech last week that affordability will be the hallmark of its initiatives

UPDATED: ‘Violent’ B.C. man back in custody after Alberta arrest

Prince George man with ties to Vernon was being sought by police

After a week away, SNC-Lavalin questions await MPs returning to Parliament

Two have resigned already: Jody Wilson-Raybould was veterans affairs minister and Gerald Butts was Trudeau’s principal secretary

‘How did we get here?’: B.C. mom of transplant recipient worries about measles outbreaks

Addison, 7, cannot get a live vaccine because she has a heart transplant

Poverty coalition has high hopes for B.C. poverty reduction strategy

Funding allocation expected to be released with 2019 budget

Chanel: Iconic couturier Karl Lagerfeld has died

He spent virtually his entire career at luxury labels catering to the very wealthy

Lost a ring? This B.C. man will find it for you

Chris Turner founded The Ring Finders, an international directory of metal detector hobbyists

Most Read