Christian Gammon-Roy
Tribune
After learning that residents of four local apartment complexes were facing displacement after their buildings were sold, LIPI (Low Income People Involvement) and other community organisations called an emergency community information session at the Our Lady of Sorrows Church on March 25, to give the affected residents some much-needed information and peace of mind. Joining LIPI were representatives from the District of Nipissing Social Services Administration Board (DNSSAB), Community Living, No More Tears West Nipissing, West Nipissing mayor Kathleen Thorne Rochon, CAO Jay Barbeau along with Chief Building Official Alain Bazinet, and Stuart Bailey, Executive Director of the Nipissing Community Legal Clinic.
Four buildings at 99 to 105 King Street, 36 John Street, 46 and 48 John Street, and 157 Queen Street were the focus of the meeting. They collectively hold nearly 40 apartment units, and many residents have been receiving notices asking to end their tenancy, and in some cases orders to vacate due to renovations. With many of the affected residents being elderly, on disability pensions, or in some cases clients of Community Living, the meeting was called to try and help what is considered a vulnerable population with navigating the law and understanding their rights when facing the potential loss of their home.
“People need to know what their legal rights are,” said Lana Mitchell, Executive Director of LIPI, opening the information session. Many questions around tenants’ rights were directed to Stuart Bailey, Executive Director of the Nipissing Community Legal Clinic, and to Alain Bazinet, after some tenants said they received an offer of cash to terminate their lease agreement and vacate the premises. Mitchell explained the practice is commonly called “cash for keys,” but tenants are giving up their rights in exchange for that cash.
“Don’t sign an N11, don’t sign an agreement to terminate. It’s especially tempting when you’ve never had much money when someone dangles several thousands of dollars in front of you, but you’ve got to find another place to live after that and they’re really scarce,” warned Bailey. He and Mitchell both pointed out that people might feel compelled to sign the form without knowing what their rights are, and due to feeling intimidated from being approached in their home with legal documents. “What the agreements to terminate are, is a way around the rights contained in the Residential Tenancies Act, like 120 days [notice], like compensation, like the right to move back in with the same rent. Those are all rights you all have, don’t give them up by signing an N11,” he advised.
Some of the attendees had been served an N13 form, a request to vacate a for reasons of demolition, extensive renovations or converting the building into a non-residential complex. Two people showed their notice claiming that their units would need to be vacated for “repairs or renovations so extensive that I am required to get a building permit.” However, Bailey explained that this cannot force them to move in and of itself, that a tenant can refute the need for renovations and that the landlord would have to apply to the Landlord Tenant Board for an eviction.
Municipal CAO Jay Barbeau explicitly stated that there are no active permits right now on the buildings in question. Bazinet also explained that there are repercussions for not getting a work permit for large renovations, and that small, cosmetic renovations often do not require a permit at all. Bazinet also explained that a landlord cannot simply get their permit, not do the work, and then move a new person into a unit. The municipality is responsible for issuing the work permits, inspecting the work to make sure it was completed safely, and then they must issue an occupancy permit before anyone can resume living there.
Bailey also talked briefly about extensive renovations. While there is a provision giving the tenant the right of first refusal on their unit, meaning they can request to move back in once the work is completed, it’s not always simple. “This right to move back in can be sort of illusory if it takes a long time for the renovations to get done,” Bailey pointed out.
Ultimately, most of the advice given came down to calling and asking questions about one’s particular case and rights. Bailey urged people to call the legal clinic if they are given any paperwork that they do not understand, stressing that it is a free service. Furthermore, he and Mitchell explain that reaching out helps their organisations identify patterns of behaviour that can help build a case against landlords breaking the law. “If you get a notice, get in touch with the legal clinic that will open a file (…). I think the patterns are critical to what’s going on in communities, because that’s the only way we can pull the information together. If something happens to one person, we’ll rally and come together, get the people from LIPI, No More Tears, and DNSSAB. We’ll pull together and make things work and do what we have to do. When it’s happening to multiple people, we still can deal with what’s happening to you each individually, but there’s a legal situation that’s going on here,” described Mitchell.
After the meeting, Bailey was asked what kind of punitive measures can be expected when landlords abuse their power, and he explained that fines under the Residential Tenancy Act are a deterrent. “I’ve been at this for a long time and some landlords stop because they’ve had their hand slapped a bunch,” he pointed out.
Mitchell hopes that people are now better informed on where to go for help. She reiterates that there is a support network out there willing to rally and help people with their cases, and that what people should take away from the meeting is how to get in touch with these organisations.
The toll on residents
Laura Savage lives in one of the units at 157 Queen Street, where she was served an N13 notice, stating that her unit would need extensive renovations. In a conversation, she goes over her months-long fight trying to keep what’s hers and the stress it is causing.
The 58-year-old lives alone in her unit and is self-employed as a cleaner to pay for her rent, her car, the cleaning supplies for her business, and all her other living expenses. “This is the easiest way for me to survive without working 4 or 5 jobs, because I know that physically I couldn’t,” she describes, adding that her physical health is not the best lately. Now, she says that her mental health has also been deteriorating rapidly. “I’m not sleeping, I have headaches every day, I’m wound tighter than a top. I’ve told my doctor on my last visit what was happening briefly,” she says, pointing to her battle with her new landlords as the cause.
According to Savage, this fight began in September, shortly after the building was sold to the current owners, Nick and Charlie Laporte. That month, she says that she and several tenants were given N11 forms, an agreement to terminate tenancy, with the landlords claiming they wanted to clear the building to clean out some supposed asbestos. Savage says that one of the other tenants fought back, got a lawyer to send a letter, and the landlords then decided to bring in someone to inspect the asbestos. “Apparently there were tiles that looked fishy behind the laundry room, where nobody has access, it’s locked. The inspector said to them ‘as long as it’s not disturbed there’s nothing you can do about it,’” describes Savage. When asked if it was actually asbestos or perhaps simply mould, she says that they never got a definitive answer, other than the landlords agreeing to “just do renovations as people moved.”
Savage hoped this would mean the end of her bad dealings with her new landlords, but in November, she was approached about her garage. The dispute began, she says, from the landlords claiming there was no proof that Savage had use of one of the garages on the property. “They were saying that maybe they could rent it out separately, or maybe they can store appliances,” she recounts, adding that she had to get a photo of the lease agreement she signed with the previous landlord as proof that it was included in the document.
Savage is now dealing with two new notices that she is disputing. The first is the N13 she was served on January 31st, indicating that she needs to vacate for renovations by May 31st. The second, dated February 1st, is a rent increase slated for May 1st. While the rent increase is within the legal limit of 2.5% for 2025, Savage explains that these notices are somewhat at odds with each other considering if she was to move out for May 31st, her last month’s rent would cover May at no increase. She suspects that the barrage of legal notices is meant as targeted harassment because she refuses to back down.
As Bailey mentioned during the information session, a landlord may not have the power to evict, but they “can make life difficult for you.” Savage thinks that’s what is happening to her now. “The average person doesn’t know what’s enforceable. I didn’t know anything about the Landlord Tenant Board or anything else because I had been in relationships where we owned our own home, or I was renting from respectable, responsible landlords. I’ve never had to learn any of it until this started, and now I’m eyeballs deep spending way too much of my time,” she deplores.
When looking closer at the N13 notice, a section describing the work to be done lists plenty of cosmetic changes such as updating flooring, appliances, kitchen and bathroom renovations. One item lists electrical work, requiring the services of an electrician, but does not elaborate. As far as Savage is concerned, none of the suggested updates are necessary. “I don’t think I’m living in shambles here!” she explains, and in fact her apartment does look well-maintained and clean. She also adds that major renovations were done to the building in 2017, which leads her to believe that there isn’t any truth to the claims that there is anything requiring a building permit needing to be done at 157 Queen Street. Another section of the N13 states that the landlord “will obtain the necessary building permits,” meaning that they have not yet been granted.
Savage has given thought to just giving up, taking a ‘cash for keys’ deal and finding a new place, but says that she’s now too stubborn to do that. At one point she viewed some other units not far from where she lives now, but they were $200 more per month than her current rent. That simply isn’t an option for Savage, who says that she is just barely living within her means now. So, she plans to keep taking notes, and documenting everything she can in the hopes that information will help if her case escalates further. She’s glad that the information session was held, both for her and other people to be able to figure out next steps, and says that she’s going to contact the legal clinic. “I’m not saying we’re going to win; I don’t have a crystal ball, I don’t know. But I sure am not going to make it easy,” she vows.
Her biggest hope is that soon she’ll be able to “just breathe and go back to living my little simple life of cleaning for my clients and having my few friends in town.” However, she recognizes that this saga will have some lasting effects. “Even if this was to get resolved and done in everyone’s favour, the damage is done. The trust is lost, and it’s never coming back,” she says. Savage also worries that the anxiety may never fully go away, and that she’ll always be waiting for the worst to happen, even if she was to find a new landlord. “It can happen again. Everyone should be afraid that doesn’t own their home and rents right now, because this seems to be happening everywhere,” she warns, adding that many others in her building are feeling this way now and may be simply afraid to step forward and talk about it.
Landlords hope to shed some light
During the information session, it was brought up by a resident that the landlords should also be present to answer questions. According to one of the landlords of the 157 Queen Street building, and the 36, 46 and 48 John Street buildings, they were not notified. “We were not invited to this meeting that happened, which would’ve been nice to have been there to defend against the false accusations,” he states in a follow-up conversation. According to him, much of the situation is due to misunderstanding, and he thinks a general dislike of landlords might be a factor.
“Communication always reigns supreme. My phone is always on, you could speak to any one of the tenants that we provide housing for, and they would all agree that I’m always on, I’m always responsive, and I always get back to everyone within 24 hours. Part of the reason that I’m a little bit shocked, and kind of upset about this, is at the end of the day let’s just communicate about the issues. If anyone is having issues, why not just talk about it?” suggests the landlord.
When it comes to the notices that were handed out being intimidating to people who aren’t well-versed in their rights, he insists that there is no pressure in the moment. “I mean, it wouldn’t stand up if we coerced people into signing. We want full agreement, and we want everyone on a mutual basis when entering this agreement,” he insists. He says he believed understanding was reached during the conversations he had with his tenants, but admits he could have been mistaken, and encourages people to get second opinions. “We take our time and make sure so that, at least it appears, there’s an understanding. Before anything is signed, we advise everyone to bring this to someone, or think about it overnight, speak to someone that you’d like to speak to about it, and then act upon it,” he explains.
On the cash for keys deals, the landlord acknowledges that they do not have the power to evict, and that the N11 is an agreement which both parties must sign off on. “We’ve also struck deals with many other tenants in the past, not just in Sturgeon but in other municipalities as well, having had both parties walk away completely satisfied with the transaction. Money in their pocket, and it allows us the opportunity to renovate our units and update everything as per what’s required,” he says, pushing back against the criticism that it’s a scare tactic.
The landlord also expands on the reasons for the notices to vacate for renovations. “We have given a few N13s out in order to renovate some units that have not been touched in a few years, if not decades, and are in utter shambles,” he explains, insisting that if he could show the state of some of these units, people would understand why they want them fixed. When it comes to Barbeau’s comments about there not being any permits at the municipality, he says that they haven’t been granted yet but are pending. “Every unit is slightly different and has its own issues, but on a general basis we definitely want to modernize things so that it has appeal when people are looking at it. Moreso fixing anything that’s broken. There’s one on John Street, and I think this is one of the tenants who does not want to leave, and their sink is falling off, there’s mould all around the bathtub. To me, it’s a no-brainer, why would you want to live like that?” he wonders aloud. He adds that they’ve also been working with a designer to redraw floorplans and possibly split larger units.