A White Rock real estate agent has been disciplined. (Black Press Media file photo)

A White Rock real estate agent has been disciplined. (Black Press Media file photo)

B.C. real estate agent fined $25K for subletting rented home and keeping the cash

Peter Christopher Dolecki also faced a two-month suspension

A White Rock real estate agent, who sublet his rented home without permission and kept the money for himself, was fined $25,000 and faced suspension by the Real Estate Council of BC.

In a consent order published Jan. 6, which outlined the penalties and the reasoning behind them, Peter Christopher Dolecki and the council agree that on Jan. 17, 2016, Dolecki and his wife signed a 12-month lease for a home located on 162 Street in Surrey for a monthly rent of $4,500.

In the fall of that year, Dolecki moved to a different rental home in White Rock. After he moved out, Dolecki listed on Craigslist the Surrey property he rented for $5,000 per month – $500 more than his lease for the property.

Dolecki told the council he attempted to get permission from the property owner to sublet the home, who lived overseas, but was unable to connect with him or his local representative.

In October 2016, a couple from the U.S., who were relocating to Surrey, inquired about the listing and viewed the property, with Dolecki, in November of that year.

The consent order says the future tenants noticed Dolecki’s white pick-up truck at the site, which advertised his name and brokerage information.

“The Tenants state that from their interactions with Mr. Dolecki at the viewing, they were under the impression that Mr. Dolecki was the owner of the property,” the consent order states.

While Dolecki told council that he never told the future tenants he was the owner of the property, he said he did refer to the property as an investment property.

SEE ALSO: Former South Surrey real estate broker banned for 25 years

Dolecki prepared a residential tenancy agreement Nov. 6, 2016 for the new tenants, where he identified himself as the landlord.

“He admits that he did not ensure that the Tenants understood he was acting as landlord in a sublease arrangement and was not the owner of the property,” the order states.

On Nov. 14, 2016, the tenants paid Dolecki a $2,500 security deposit, and on Nov. 21 the tenants paid Dolecki $5,000 for December’s rent. Then on Dec. 14, 2016 the tenants paid Dolecki $2,927 for January’s rent. By agreement, Dolecki had reduced the monthly rent for that month due to cost of repairs the renters had to undertake.

And on Jan. 21, 2017, the tenants paid Dolecki $5,000 for February’s rent.

However, after collecting more than $15,000 for rent and a deposit from the new renters, Dolecki kept the money for himself.

Nine days after the tenants paid $5,000 for February’s rent to Dolecki, the tenants discovered a “10 Day Notice to End Tenancy for Unpaid Rent of Utilities” form taped to the front door of the property. The eviction notice stated that Dolecki was in arrears of rent payments in the amount of $29,250 and was required to vacate the premises by Feb. 10, 2017.

The tenants contact Dolecki about the notice, and he told them to “not worry and that he would sort it out.”

The tenants then contacted the issuer of the eviction noticed and at that point learned that Dolecki was the registered tenant, not owner, of the property.

The tenants moved out of the property by Feb. 10, 2017 and the house was put up for sale and subsequently sold. Dolecki paid the tenants $2,500 for the security deposit, and an additional $2,500 representing partial reimbursement for the February rent.

SEE ALSO: Real-estate agent receives 30-day suspension

Dolecki told the council that when he initially rented the 162 Street home, he had an agreement with the property owner that he would be reimbursed by way of either direct payment or rent reduction for repairs and maintenance he undertook on the property. Dolecki told council he was owed for repairs and maintenance to the property for an amount that was close to or substantially equivalent to the $29,250 in which he owed for rent.

The landlord has not currently pursued Dolecki for the alleged arrears owing.

The consent order found Dolecki committed conduct “unbecoming” of a licensee when he leased the property without obtaining permission from the property owner; prepared a residential tenancy agreement in which he identified himself as the landlord; received payments from the tenants, in the form of security deposit and rent, and did not deliver those payments to the owner of the property.

Dolecki had his licence suspended for two months and was prohibited from acting as an unlicensed assistant during the suspension; he was ordered to pay a discipline penalty to the council of $25,000; and, at his own expense, register for and complete the Trading Services Remedial Education Course provided by the Saunder School of Business at UBC.

Dolecki was also order to pay enforcement expenses to the council of $1,500.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Cullen Ferguson has left the Cowichan Valley Capitals to play with the Aberdeen Wings of the NAHL. (Citizen file)
Cowichan Capitals say goodbye to Ferguson and Richter

The Caps traded another Union College commit away last week

Handwashing is one of the important COVID-19 precautions. (File photo)
Editorial: Time to knuckle down on COVID precautions

It would be foolish to think that we have not had any COVID cases in Cowichan until now

A suspect has been arrested in connection with fires at Drinkwater Elementary (pictured) and École Mount Prevost. (Kevin Rothbauer/Citizen)
Arson suspect arrested after fires at Cowichan Valley schools

Drinkwater Elementary and Mount Prevost schools hit within a week

Danielle Groenendijk raised more than twice her goal for Parkinson’s Canada. (Photo submitted)
VIU volleyball athlete doubles fundraising goal for Parkinson’s

Daily runs over 30 days by Groenendijk add up to 254 kilometres

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

(File)
Man allegedly bites Vancouver cop during arrest for outstanding warrant

The officer was treated in hospital for the bite wounds

(File Photo)
Interior Health says COVID positivity rates in Fernie area actually 10-12%

IH say the rates are not as high as previously claimed by the region’s top doctor

Black bear cubs Athena and Jordan look on from their enclosure at the North Island Wildlife Recovery Association in Errington, B.C., on July 8, 2015. Conservation Officer Bryce Casavant won the hearts of animal lovers when he opted not to shoot the baby bears in July after their mother was destroyed for repeatedly raiding homes near Port Hardy, B.C. THE CANADIAN PRESS/Chad Hipolito
Supreme Court quashes review of B.C. conservation officer who refused to euthanize bears

Bryce Casavant was dismissed from his job for choosing not to shoot the cubs in 2015

Francina Mettes and Thomas Schouten with the 200-page document they submitted in December of 2018. (Travis Paterson/News Staff)
Dutch man, 94, facing unwanted trip home can stay in B.C. with wife of 45 years

Immigration offices cuts red tape so couple of 45 years can stay together in Victoria area

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding Covid-19 for the province of British Columbia in Victoria, B.C, Monday, December 7, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. Premier, health officials to discuss next steps in COVID immunization plan

Nearly 31,000 doses of vaccine the province expected by Jan. 29 could be curtailed due to production issues

Homalco First Nation said that it will intervene in the judicial review sought by aquaculture companies with regards to federal decision to phase out 19 Discovery Island fish farms by 2022. In this picture from Sept. 24, a demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver.(Quinn Bender photo)
Chief says push for fish farm judicial review a challenge to reconciliation, Aboriginal Rights

Homalco First Nation chief reacts to Mowi and Cermaq intervention in Discovery Island decision

Most Read