Everyone Knows AI Gets the Law Wrong. That’s Not the Main Problem.
By: Kaarina Bishop
Artificial intelligence has become remarkably useful in everyday legal work. It can explain legal concepts in plain language, summarize long documents, organize timelines, help draft letters, and make complicated information easier to understand. For tenants and landlords dealing with urgent residential tenancy problems, AI can feel like a lifeline: fast, available, and able to produce a confident answer in seconds.
Like many professionals, I use AI as a tool. It can be excellent for organizing records, summarizing correspondence, brainstorming issues, and improving drafts.
But there are important things I do not rely on AI to do. I do not rely on it to determine which facts matter most, assess credibility, or make legal judgments about what should happen next. Those tasks require context, experience, and, perhaps most importantly, the ability to ask the right questions.
One of the biggest misconceptions about using AI for legal advice is not simply that AI can “hallucinate” or get the law wrong. That is a real concern, but it is not the only one.
The bigger limitation is simpler:
AI only knows what you tell it.
That may sound obvious, but in a tenancy dispute, it can change everything.
The Problem With Asking AI a Legal Question in a Crisis
Imagine a tenant asks AI:
“Can my landlord increase my rent?”
Or a landlord asks:
“Can I evict my tenant for non-payment of rent?”
Each of those questions may generate a thoughtful, well-written answer. The answer may explain general principles, identify possible legal issues, and even sound practical.
But what if an important fact was left out?
What if the landlord has accepted late rent every month for the past three years?
What if the tenancy agreement says one thing, but the landlord and tenant have been following a different arrangement for years?
What if a notice was served improperly, received late, or responded to in writing in a way that changes the analysis?
Those are not minor details. In a residential tenancy dispute, a single missing fact can completely alter the advice.
The problem is not always that AI gives a bad answer. Often, the problem is that AI answers the question it was asked, not the question that should have been asked.
Tenancy Disputes Often Turn on Details People Don’t Realize Are Important
Most tenants and landlords are not trained to identify which facts matter legally. That is completely understandable. People usually contact a tenancy lawyer when they are under pressure: facing eviction, dealing with unpaid rent, responding to damage allegations, disputing a rent increase, or trying to understand an urgent notice.
In that kind of crisis, people naturally focus on the facts that feel most important to them.
A tenant may focus on how unfair the situation feels.
A landlord may focus on the amount of rent owing.
Those facts may matter. But they may not be the only facts that matter.
In a legal consultation, a lawyer will often ask detailed questions that may seem overly specific:
○ How was the notice served?
○ What date did you receive it?
○ Did you respond in writing?
○ Has this happened before?
○ What exactly did the other party say?
○ Was there an email, text message, or witness?
○ Were there previous applications or decisions involving the same parties?
○ What happened after the agreement changed?
○ Was the conduct repeated, accepted, or objected to?
Those questions are not just conversation. They are part of the legal analysis.
Sometimes a case turns on the answer to a question the client did not think was important.
AI Cannot Know What You Forgot to Mention
AI can only work with the information provided to it. It does not know what is missing. It does not know there was another email. It does not know the parties had a different verbal arrangement. It does not know there was a prior Residential Tenancy Branch decision involving the same landlord and tenant. It does not know that a landlord accepted a pattern of late payments for years. It does not know that a tenant previously complained in writing. It does not know that the issue has a longer history than the prompt suggests.
Unless you tell it, AI cannot account for it.
That limitation is especially important in tenancy law because disputes often involve patterns of conduct, notices, deadlines, prior communications, and informal arrangements. What appears to be a simple question about rent, eviction, repairs, damage, noise, pets, occupants, or access to the unit may depend on a much broader history.
For example, a landlord asking whether they can evict for unpaid rent may leave out that they have repeatedly accepted late payments without objection. A tenant asking whether a notice is valid may leave out how and when it was served. A party asking whether an agreement can be enforced may leave out that everyone acted differently for months or years.
AI may still provide an answer. It may even be written clearly and confidently. But if the key facts are missing, the answer may not be useful and it may be dangerous to rely on.
Lawyers Do More Than Apply the Law to the Facts Presented
This is where legal advice differs from a simple AI-generated response.
A tenancy lawyer is not just answering the first question a client asks. The lawyer is trying to determine whether that is the right question in the first place.
That process involves testing the facts, identifying gaps, and asking follow-up questions. It also involves recognizing which details may be legally significant even when the client does not know to mention them.
For example, the legal importance of a notice may depend on how it was delivered and when it was received. The significance of unpaid rent may depend on payment history and prior conduct. The strength of a claim about a breach of the tenancy agreement may depend on whether the issue was previously accepted, ignored, documented, or disputed. The urgency of a response may depend on deadlines that are easy to miss.
An experienced lawyer spends much of a consultation uncovering those details. The value is not just in knowing the law. It is in knowing what still needs to be asked.
That is why legal advice can look very different from an AI answer. The lawyer is not simply providing information. The lawyer is assessing the situation, testing assumptions, and helping the client understand which facts may change the outcome.
AI Can Still Be Helpful Before Speaking With a Tenancy Lawyer
None of this means tenants and landlords should avoid AI altogether.
Used carefully, AI can be a useful tool. It can help you:
○ Organize your timeline before a consultation
○ Summarize emails, text messages, and notices
○ Identify the basic issues in a tenancy dispute
○ Prepare a list of questions for your lawyer
○ Draft a first version of a letter or response
○ Understand general legal concepts before getting advice
For someone in crisis, that can be valuable. A tenant facing eviction or a landlord dealing with non-payment may feel overwhelmed. AI can help create order from a messy situation.
But AI should not be treated as a substitute for legal advice when the stakes are high. Before relying on an AI-generated answer to make an important decision, remember that the quality of the answer depends on the quality and completeness of the information provided.
If the prompt is incomplete, the answer may be incomplete.
If the facts are wrong, the analysis may be wrong.
If the real issue is something you did not know to ask about, AI may never identify it.
The Fact You Forgot May Be the One That Changes Everything
Tenancy disputes often move quickly. Deadlines can be short. Notices can have serious consequences. A missed fact, missed deadline, or misunderstood communication can affect the outcome.
That is why speaking with a tenancy lawyer can be especially important when you are facing eviction, unpaid rent, a disputed notice, a serious breach allegation, or an urgent conflict with a landlord or tenant.
AI can help you get organized. It can help you understand the basics. It can help you prepare. But it only knows what you tell it.
Sometimes the most important fact is the one you did not realize mattered. And sometimes, the most valuable part of speaking with a lawyer is not the answer you receive.
It is the questions you are asked.