Kawartha 411: Dozens Of Families Receive Renoviction Notices For Apartments In Lindsay

KAWARTHA LAKES-Susan Lamoureaux has lived at 201 Lindsay Street South for 13 years. Five of her grandchildren live there with her. She says when she received an eviction notice last week it sent her into a panic.

“I was crushed. I’ve been here a long time, I might choke up here. I’ve got five kids in there that I’m taking care of so it puts them in limbo too. It’s heavy. I’m scared, really scared” Lamoureaux told Kawartha 411 News.

Almost all of the tenants in the 20-unit building at 201 and 9 townhouse units at 195 Lindsay Street South received eviction notices during the last week of July. Lindsay Apartments Inc., who purchased the properties in June, say evictions are necessary for “major renovations” they have planned.

“Following a comprehensive assessment this work has been deemed a critical health and safety concern. Regrettably during the renovation period your unit will be uninhabitable. Regrettably, we have no choice but to terminate your lease” said the notice sent to Lamoureaux and seen by Kawartha 411.

The landlord provided tenants with an N13 “Notice to end your Tenancy” form from the Landlord and Tenant Board. The work detailed in this notice says “non-structural walls dividing the kitchen and living room will be removed to create an open-concept layout. The unit is set for major renovations including new bathroom tiles and bathtub, new flooring throughout, new kitchen cabinets and an island, new kitchen appliances, replacement of closet doors, updates to lighting fixtures, switches, and electrical sockets and the replacement of risers.”

Tenants say while the building does need some maintenance there’s nothing listed in the proposed renovations that would be deemed a critical health and safety concern.

Lamoureaux has a two-bedroom unit and pays just over $1,000 a month. She says she is worried she won’t be able to find another apartment she can afford.

“I’m scared of not finding housing or adequate housing and kids having to leave my care because I don’t have housing anymore.”

A number of tenants who gathered on Thursday to talk to Kawartha 411 echoed those concerns.

“We don’t know anywhere you can get rent for even close to what we pay. What are we going to be homeless in a few months?” said Darian who has lived here for 9 years.

The average price of a two-bedroom apartment in Peterborough and the Kawarthas is $2,000 per month according to a report by Canada Mortgage and Housing Corporation.

Many of the tenants feel the owners want them out so they can hike the rent. Lamoureaux says a few tenants who are paying much higher rents have not yet received the notices.

“It’s mindboggling, an awful thing to do to people. My son pays market rent and he didn’t receive a notice. They are going to renovate and then increase the money flowing in here and pull the rug right out from under us from coming back.”

Kawartha 411 News contacted the Landlord Tenant Board (LTB) which said it could not offer an opinion or comment on the legality of a specific Notice of Termination, but could provide general information about the Residential Tenancies Act (RTA) and the LTB’s procedures.

Under section 50(1) of the RTA, a tenant must be served with a Notice to End Tenancy (N13 Notice) if a landlord wants to end a tenancy and evict a tenant to either:

• demolish the rental unit;
• convert it to a purpose other than residential premises; or
• do repairs or renovations that are so extensive that they require a building permit and vacant possession of the rental unit.

A date of termination on the N13 notice must be at least 120 days after the notice is given by the landlord to the tenant. The termination date must also be the last day of a fixed term tenancy, or if there is no fixed term, the last day of a rental period.” said an email from the LTB.

“Additionally, if a tenant is given an eviction notice for repair or renovations, and the rental unit is located in a residential complex that contains five or more residential units, in most cases the landlord must give the tenant an amount equal to three months’ of rent or offer the tenant another rental unit that is acceptable to the tenant. If the residential complex contains fewer than five residential units, in most cases the landlord must give the tenant an amount equal to one month’s rent or offer the tenant another rental unit that is acceptable to the tenant.”

The LTB also said if a tenancy is terminated as a result of an N13 Notice served by the landlord on the basis of the need for repairs or renovations that are so extensive that they require a building permit and vacant possession of the rental unit, the tenant has a right to reoccupy the rental unit once the repairs or renovations are completed at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant’s tenancy but the tenant must give the landlord written notice of their intention to reoccupy the unit.

“Upon receiving a notice to end a tenancy, a tenant may choose to vacate their rental. If the tenant disagrees with what the landlord has put in the N13 notice, the tenant does not need to move out. However, the landlord may apply to the LTB to evict the tenant. The LTB will schedule a hearing and the landlord’s application will be determined by an adjudicator in accordance with the RTA and based upon the evidence and submissions provided at a hearing by the parties.” said the board.

We contacted Rahul, the company representative for Lindsay Apartments Inc., named on the letter of eviction from the landlord, who said he was not authorized to speak to the media. He said he would have someone call us back but we have yet to receive a call.

Ward 7 Councillor Charlie McDonald says he will support the tenants and is meeting with the Mayor to discuss options.

“You know what it’s like to try to find an apartment right now, it’s slim to none,” Mcdonald told Kawartha 411 News. “How much do we get involved I think is the question, I think it’s more of a legal issue than with us, but I will support them for sure.”

Lindsay Apartments Inc. is located at 140 Tycos Road in Toronto and a company with the same address has come under fire recently for similar renoviction plans.

ACORN Hamilton, ACORN Toronto, and ACORN London members held an action in front of 140 Tycos Drive on June 22 to deliver a demand letter from tenants who they say are fed up with the “tenant displacement tactics” employed by a company called Family Properties at the same address as Lindsay Apartments Inc.

ACORN members demanded the company revoke all N13 notices and eviction orders, hire contractors and maintenance staff to address building neglect, and issue apologize to affected tenants for personal and financial hardship caused.

ACORN (Association of Community Organizations for Reform Now) Canada is a multi-issue, membership-based community union of low- and moderate-income people who say they believe that social and economic justice can best be achieved by building community power for change.

“Our members also fight for new and improved laws to protect their rights. Each member has a vote, and only members speak for the organization and have the authority to set the policy and determine the tactics of each group.” says the groups website.

The tenants on Lindsay Street have contacted a paralegal and many intend to fight their eviction.

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Article by Pamela Vanmeer for Kawartha 411