East Hamilton tenants feared eviction, financial penalty for pest control costs
Kenneth Scott and his family face an uncertain future, and an Ontario Landlord and Tenant Board hearing is scheduled for January.
Scott, who lives in a skyscraper on Grandville Ave. 40 lives, received a notice from the CLV Group in September about an application to terminate his tenancy by means of an N5 notice in which he and his wife were quoted for “interference by others, damage or overcrowding”.
An N5 is a legal notice that could result in a tenant being evicted from their home.
In addition to a possible eviction, Scott also fears that due to changes to the Residential Tenancy Act that went into effect September 1 that allow landlords to seek compensation for expenses related to the conduct of tenants that result in the “reasonable enjoyment of the Landlord or any other lawful right, privilege or interest of the Landlord ”.
Scott appealed to the media and his local MPP to bring his situation to light. He argues that the building owner, pest control company and property manager act as a united front to evict tenants who are paying lower rents.
“My family didn’t do anything wrong but lived in this building before the new owners took over,” said Scott.
Scott provided scanned documents filed as part of the N5 application, which shows the landlord received a complaint about cockroaches in an elevator at the complex on July 29.
“The landlord checked CCTV footage and confirmed that the cockroach infestation in the elevator was caused by (Kenneth Scott) bringing a pest-infested laundry basket into the elevator,” the CLV file said.
But Scott believes the landlord is planning to move his family out because their rental payments are less than half what some renovated units in the building rent for.
“They’ve been delivering notices to us since August 4th,” said Scott. “Not only do they come for an inspection at least every two weeks, but they also continue to plan these treatments with their internal staff. They control all of this. It stands all alone, unfounded, so that these treatments are necessary. “
CLV is the property manager of InterRent REIT, the Real Estate Income Trust, which owns four high-rise buildings east of Centennial Parkway. CLV Group and InterRent REIT own and manage over 12,500 units in real estate across Ontario and Quebec.
The N5 application includes a note dated Aug. 13 from a pest control technician stating that the device was not primed for treatment.
Another release dated September 10, 2021 stated that pest control technicians visited the apartment to carry out the treatment in the unit.
The September communication states: “Top of kitchen cupboards not clear, exposed dishes in the dining room, items in the cupboard in the second room, cockroach debris not cleaned.”
“The lack of preparation and denial of PCT [pest control treatment] If the use of the rental complex by the landlord and other residents of the building has seriously impaired and interfered with the legitimate interests, rights and / or privileges of the landlord, the landlord requests the tenant to comply with all PCT requirements, ”said CLV in the N5 -File.
Scott plans to challenge the eviction, saying he has filed a separate complaint with the landlord and tenants committee about alleged harassment by the landlord.
The case is still pending and claims have not been proven.
In an email to Hamilton Community News, Roseanne MacDonald-Holtman, CLV Group’s Community Relations Manager, wrote: “In response to your inquiries, we always put the safety of our residents first and are committed to ensuring that everyone our residents are provided with peace and quiet and a well-kept house. We respect the privacy of all of our residents and do not discuss these matters publicly. The LTB oversees and mediates all disputes between the landlord and tenants, and all questions regarding this process should be directed to the landlord-tenant committee. “