Canada: Carmichael clients evicted a decade ago finally getting money owed from landlord - - PressFrom - Canada
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Canada Carmichael clients evicted a decade ago finally getting money owed from landlord

08:20  21 october  2019
08:20  21 october  2019 Source:   leaderpost.com

Tenants of 394 Dovercourt are fighting their landlord’s attempt to get them out — again

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Almost a decade after 23 Carmichael Outreach clients were evicted from an unsafe, substandard radio station-turned-apartment building, they are getting the money owed to them by their former landlord who has finally stepped up and paid up.

Receive Money You Are Owed : If you sue your landlord and win, you will be awarded the money you are owed , possibly more. For example, if your landlord wrongfully withheld your security deposit, you will be awarded this amount, and in some states, two or three times this amount.

a group of people posing for the camera: Shawn Fraser (standing), then executive director of Carmichael Outreach, acted as an advocate for the tenants who were evicted from 2060 Halifax Street in December, 2009. They are shown at a hearing in accordance with the Residential Tenancies act on January 20, 2010. © Bryan Schlosser Shawn Fraser (standing), then executive director of Carmichael Outreach, acted as an advocate for the tenants who were evicted from 2060 Halifax Street in December, 2009. They are shown at a hearing in accordance with the Residential Tenancies act on January 20, 2010.

Almost a decade after 23 Carmichael Outreach clients were evicted from an unsafe, substandard radio station-turned-apartment building, they are getting the money owed to them by their former landlord who has finally stepped up and paid up.

“I thought this guy was … just gone,” said Cora Sellers, Carmichael’s executive director. “It was surprising when he came back, but in a good way.”

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More than two decades ago , someone asked George Fayant and his brother if they knew of anyone who could build a Red River cart. Carmichael clients evicted a decade ago finally getting money owed from landlord – Regina Leader-Post.

A landlord can evict a tenant for the nonpayment of rent, for the failure to vacate the premises after a lease agreement has expired, for a violation of a provision in the rental contract, or if the tenant causes damage to the property and it results in a substantial decrease in the value of the property.

It was Dec. 4, 2009 when the tenants were served eviction notices because the building didn’t meet residential fire regulations, including a disabled fire alarm system, no smoke alarms, no fire doors in the stairwell and no windows that opened. They had three days to leave.

“It really was a bad situation,” said Shawn Fraser, then the executive director of Carmichael. “ I remember touring in there and someone was living in a ‘studio apartment’ that was actually an old radio studio that had studs but no walls.” The building at 2060 Halifax St. had formerly housed CKRM Radio.

Some residents were paying as much as $800 for a suite that lacked bathroom facilities or a fridge and stove.

a group of people sitting in chairs:  Shawn Fraser (centre) former executive director of Carmichael Outreach acted as an advocate for the tenants that were evicted from 2060 Halifax Street in December 2009. They were at a hearing in accordance with the Residential Tenancies act January 20, 2010. © Bryan Schlosser Shawn Fraser (centre) former executive director of Carmichael Outreach acted as an advocate for the tenants that were evicted from 2060 Halifax Street in December 2009. They were at a hearing in accordance with the Residential Tenancies act January 20, 2010.

When the tenants were evicted, many had already paid their December rent and didn’t know how to recoup their money from landlord Paul Ehmann.

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The landlord can now evict a tenant, regardless of an automatic stay, if the landlord had a court-ordered judgment for possession prior to the tenant filing for bankruptcy. The tenant has 30 days from filing the certification to pay the amount owed .

Fraser and a then board member/lawyer helped 14 of the tenants organize and eventually win a case under the Residential Tenancies Act to recoup lost rent and moving expenses to the tune of approximately $22,000.

“But we didn’t really have a lot of hope that that money was going to get paid out,” said Fraser. “So we put a lien on all of (Ehmann’s) properties.”

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But it wasn’t until a year and a half ago that he walked into the Sheriff’s Office with a cheque. At the time, Carmichael decided to pursue Ehmann for interest on the debt, but with no luck the non-profit is now trying to track down the tenants and distribute the money.

“A lot of these folks are really hard to locate,” said Sellers. “They’ve moved on. I found some in Edmonton. Some of them are deceased so their next of kin are claiming with documentation.”

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Your landlord can get rid of any unsafe items right away. Your landlord can keep, sell, or throw out anything else 30 days after the Board made the order or your If you owed any rent when you left, your landlord can make you pay the overdue rent, plus the cost of moving and storing your belongings.

A self-help eviction occurs when a landlord retakes possession of a property without using the eviction process. The use of self-help may amount to landlord harassment. Nearly every state prohibits a landlord from using self-help to evict a tenant.

The awards range from $260 to $2,280, according to Sellers, and more than three-quarters of the claimants must come forward before the money can begin to be distributed. Once that happens, any remaining tenants have one year to claim their share. So far only seven or eight people have been located.

“They’re like, ‘Wow, we never thought this would come through,’ said Sellers. “The other thing I heard is, ‘Great, it’s about time and I want my money now.”

a person standing in front of a building:  Executive director of Carmichael Outreach Cora Sellers stands in front of the organization’s temporary office on 6th Avenue. © BRANDON HARDER Executive director of Carmichael Outreach Cora Sellers stands in front of the organization’s temporary office on 6th Avenue.

Carmichael isn’t releasing the remaining names publicly in order to protect privacy. But they hope if anyone knows of someone who was on the list, they’ll contact Sellers at [email protected]

Sellers has attempted to reach out to the tenants through Facebook, but she said they may not have seen the messages yet if they aren’t active on social media or use a alternate account.

“First it was just shock just because it’s been so long,” said Fraser of when he found out Ehmann had paid up. “Second, I think was gratitude because it was obviously a hard situation for everyone and to see somebody coming forward to actually try to make right — I think he should be commended for that.”

Fraser, who still works in downtown Regina, runs into or hears news about some of those tenants. He said they seem to be in a variety of circumstances 10 years later — some who faced affordable housing challenges back in 2009 still do while others have moved on to become very successful and work good jobs.

“I’m just really hopeful that we can actually track down everybody because … this is ultimately their money,” he said. “That’s the number one thing. ”

— with LP staff files

[email protected]

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