INVESTMENT GOES UP IN SMOKE WITH TENANT'S GROW-OP

It's bad enough that Sue Livingston's tenant almost burned down the
rental house when his grow-op ignited.

But what really bugs the Duncan woman is that the homeowners are the
only ones being punished.

Livingston's house is badly damaged, her insurance coverage is in
doubt, she's on the hook for thousands of dollars in police and fire
costs -- and the tenant isn't even being charged.

"It's so unfair that this person gets to walk, leaving this damage
behind him," she said.

It's yet another cautionary tale for anyone thinking of renting out a house.

The story began April 15 when Livingston, her husband and another
couple rented out their Chippewa Road investment property to this
friendly, charming guy, maybe 35 or 40 years old. He said he was a
tradesman, had a young kid, was moving up from Victoria with his
fiancee. His references checked out. Always paid the rent on time.

But on Aug. 19, a neighbour saw smoke coming from the house. The
firefighters arrived in seven minutes, quickly getting things under
control. Turns out a hot grow-lamp had fallen in the storage area,
which had been converted to a marijuana plantation of between 75 and
250 plants, depending on whom you talk to. "There wasn't really a
fire," Livingston said, "just huge amounts of smoke."

Huge amounts of damage, too. It quickly became apparent that the
tenant was in the process of converting the entire house to a grow operation.

Peer in the windows and you would see a furnished living room,
kitchen and dining room, but it seems that was just for show. "They
weren't living there," Livingston said. There were no beds in the
bedrooms, where carpets had been ripped out and holes cut in the
floor to allow the grow op to vent. Charcoal filters had been brought
in. Windows were covered. More grow trays were being built in the garage.

But that was just the first shock. Livingston learned the tenant
wouldn't face criminal charges. "That was a little bit hard to swallow."

Livingston heard that because courts won't give a guy like that more
than six months probation and a $1,000 fine, it's not worth devoting
limited police and prosecutorial resources to the case.

The RCMP say there were issues with the evidence and the
identification of a suspect.

The homeowners also discovered that North Cowichan, like many
municipalities, has a bylaw requiring landlords to ensure their
rental properties aren't being used as grow shows or meth labs.
Owners must inspect homes every two months -- and that means poking
into the nooks and crannies, not just peeking in the door.

Failure to do so puts the owner on the hook for the municipality's
costs when there's a grow-op fire: Livingston says they're talking
$4,000 to $5,000 to cover the cost of the police, firefighters and a
private security firm brought in to watch the house.

Not only that, but the bylaw details the remediation that must be
done before the house can be re-occupied. A renovation company said
it would charge $25,000, but doesn't like to take on jobs unless
they're covered by insurance, guaranteeing payment. The homeowners
are still awaiting word from their insurance company, but fear
coverage will be negated because the fire was caused by illegal
activity, so are doing much of the restoration work themselves.
They're talking carpets, underlay, curtains, new flooring, new
insulation, new paint....

Bylaw enforcement officer Rob Clark says the bylaw has reduced the
number of grow ops in North Cowichan. These things can be dangerous:
He noted one grow show in a remote hillside home was so big that it
kept blowing out B.C. Hydro transformers, a scary prospect during
forest-fire season. Besides, he says, it just makes sense that anyone
with a rental property should want to inspect his or her investment
regularly. Homeowners need to get aware of the bylaw requirements in
their communities.

As for Livingston, she's still reeling. "For us, it's a huge, huge
learning curve."

To add insult to injury, the Residential Tenancy Act says they have
to keep the tenant's possessions safe and secure for two months. When
Livingston's husband called the tenant after the fire, the latter
offered to have some tradesmen friends make things right -- an offer
they rejected, to the tenant's bemusement. "The guy couldn't
understand why we didn't want him around."