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

The route of the pink parade. The Record has blackened out the name of the teen. Facebook photo.
Pink-vehicle parade to be held Sunday in support of transgender teen assaulted in Mission

Teen and family to watch parade drive single file along waterfront at 3 p.m., Jan. 17

The Anti-Racist Coalition Vancouver started a petition calling on B.C.’s education officials to make Black Shirt Day official. The inaugural event in solidarity with Black and racialized Canadians takes place on Friday, Jan. 15. (Screenshot/Change.org)
Mission School District holding first-ever Black Shirt Day in support of anti-racism on Friday

Growing calls to designate Jan. 15 a day devoted to ongoing civil rights struggle

Two people were in a vehicle that rolled over on Highway No. 1 near Lickman Road. They are now out of the vehicle. (Jenna Hauck/ Chilliwack Progress)
Vehicle rolls over on Highway 1 near Lickman Road in Chilliwack

Two people in SUV at time of collision in westbound lanes

Screenshot from video.
2 students arrested in assault of transgender girl at Mission middle school

Mother said daughter was targeted because of how she identifies

The Sts’ailes Community School in the winter of 2019. (Grace Kennedy/The Observer)
Sts’ailes Community School to extend online learning until Feb. 8

The Sts’ailes First Nation remains closed to visitors

Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the press theatre at the B.C. legislature for an update on COVID-19, Jan. 7, 2021. (B.C. government)
B.C.’s COVID-19 spread steady with 509 new cases Friday

Hospitalized and critical care cases decline, nine deaths

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Jobs Minister Ravi Kahlon shared a handwritten note his son received on Jan. 13, 2021. (Ravi Kahlon/Twitter)
Proud dad moment: B.C. minister’s son, 10, receives handwritten note for act of kindness

North Delta MLA took to Twitter to share a letter his son received from a new kid at school

Lilly and Poppy, two cats owned by Kalmar Cat Hotel ownder Donna Goodenough, both have cerebellAr hypoplasia, a genetic neurological condition that affects their ability to control their muscles and bones. Photo by Alistair Taylor – Campbell River Mirror
VIDEO: Wobbly Cats a riot of flailing legs and paws but bundles of love and joy to their owner

Woman urges others to not fear adopting cats with disabilities

Chief public health officer Dr. Theresa Tam provides an update on the COVID-19 pandemic in Ottawa on Friday, Jan. 8, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada’s top doctor says to avoid non-essential travel as B.C. explores legal options

Premier John Horgan says he is seeking legal advice on whether it can limit interprovincial travel

The Delta Hospice Society operates the Harold & Veronica Savage Centre for Supportive Care (pictured) and the Irene Thomas Hospice in Ladner. (The Canadian Press photo)
Fraser Health to evict Delta Hospice Society, open new hospice beds next door

Health authority will serve DHS 30 days’ notice when service agreement expires Feb. 25

Martin Luther King Jr. addresses the crowd during the march on Washington, D.C., in August of 1963. Courtesy photo
Government reinforces importance of anti-racism act on Black Shirt Day

B.C. Ministers say education “a powerful tool” in the fight for equity and equality

Black Press media file
Port McNeill driver tells police he thought the pandemic meant no breathalyzers

Suspect facing criminal charges after breathalyzer readings in excess of 3.5 times the legal limit

Most Read