Cape Breton Post

No rent, no door for Sydney tenant

Landlord's tactics not permitted under provincial residentia­l tenancy act

- NICOLE SULLIVAN nicole.sullivan@cbpost.com @CBPostNSul­livan

SYDNEY — Tracy Mailman was in Sherbrooke, N.S., when she learned the front door was missing from her rental unit at Rockcliffe apartments in Sydney.

It was the afternoon of Dec. 8. Her father had died the night before and Mailman left for Sherbrooke to be with her family.

While she was away, a cousin noticed the front door of her rental unit was removed from its hinge. She contacted Mailman immediatel­y.

Living in the unit with her three children, Mailman knew exactly who had done it and why.

Ava K. Holdings staff who manage the apartment complex were responsibl­e for removing the door because Mailman had rental arrears totaling $835 – less than one month's rent.

The Cape Breton Post has previously reported on tactics like this by the property management company Ava K. Holdings, which is owned by local businessma­n Christophe­r Neville.

"I was shocked and devastated," said Mailman, who admits she is not the perfect tenant.

"I'm kind of frustrated where I should have the time to sit down and think about my family and my dad. I am left to deal with this and (the property manager) was well aware of my situation. He knew my father was dying of cancer."

An interview request to speak with Neville was sent by text to the property manager Mailman was dealing with. There was no response by publicatio­n time. There was no answer to the phone number for Ava K. Holdings Ltd., and the phone line does not have voice mail attached to it.

Mailman called the property manager she deals with and asked why the door was removed, that she thought they had an agreement in place.

The response from

management was she needed to pay all back rent plus December's rent as well.

But in an agreement with the then-property manager dating from the time she moved into the apartment on Dec. 5, 2017, she had been paying her monthly rent on the 20th of each month.

The reason for the agreement, according to Mailman, was due to the length of time it was taking to complete repairs to the apartment from a previous tenant. She agreed to move in on Dec. 5 and take on the painting, cleaning, and other repair work. In return her rent would be due on the 20th of each month.

The company said Mailman had an outstandin­g rental bill of $1,860. The bill was paid in full on Dec. 9, according to Mailman.

However, due to the actions of the landlord, she no longer feels safe living in her apartment.

"I don't have another place to live, and I don't have time to look right now. We're going to have to stay here for now. Will I sleep well? No," she said.

"I can't continue to live there. At this point, I have no sense of security there. I don't know when I can leave my house and expect my stuff to be there because he might take my door off because he just feels like it."

According to Nova Scotia's Residentia­l Tenancies Act, property owners are not permitted to remove doors to rental units for any reason.

Several sections pertain to a habitable apartment dwelling. Under Statutory Conditions section 9 (1), it states:

"Condition of Premises — The landlord shall keep the premises in a good state of repair and fit for habitation during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or housing." In section 8 of the Act, it reads: "Entry Doors — Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the premises."

HARD TO CATCH UP

In July, Mailman fell behind in her rent, which was $1,035 a month at the time. Last month the rent increased by $25. It was the second $25 rental increase since the COVID-19 pandemic began.

Rental fees for August, September and October were paid in full on either the 19th or 20th of each month but Mailman had difficulty paying off July's rent.

The Cape Breton Post has seen the e-transfer rent payments sent from Mailman's bank account.

Mailman was told the following in a text message on Dec. 1 with one of Rockcliffe's property managers: "Hey need you send nov like asap Chris has us taking door of anyone not in December for rent."

Mailman replied: "I will send whatever I get in tips this weekend. My dad is in Sherbrooke dying of cancer so it's costing me a bit to make trips up and back."

She then asked if cash payments would be accepted and the property manager replied, "Yes, we take cash."

On Dec. 6, Mailman paid $200 to a property manager, which dropped her total owing to $835. She said she believed she had an agreement with the property manager to pay the rest.

Two days later, the lock to the unit was broken, the door removed and taken away. Cape Breton Regional Police were called, and an officer informed them nothing could be done as it was a civil matter.

In past coverage on this issue, Cape Breton Regional Police spokespers­on Desiree Magnus confirmed this was the case.

"Police investigat­e any matters of a criminal offence; otherwise, civil matters between a tenant and landlord are to be addressed under the Residentia­l Tenancies Act," Magnus said back in June in response to another landlordte­nant dispute at Rockcliffe apartments.

"Each individual situation may or may not indicate an infringeme­nt of the Act, as there are certain authoritie­s lawfully granted to a landlord or tenant under that Act."

NO WRITTEN NOTICES

Mailman said she wasn't given any written notice about the outstandin­g rent nor a notice to quit, in accordance with the Nova Scotia Residentia­l Tenancies Act.

No one from the Department of Service Nova Scotia and Internal Affairs was available for an interview. The department responded to emailed questions.

"Taking the door of a rental unit is unacceptab­le. Under the Residentia­l Tenancies Act landlords are not allowed to remove a tenant's door," the email reads.

"If a tenant finds themself in one of these situations, we would recommend they submit an applicatio­n to the Residentia­l Tenancies Program. In instances where safety is an issue, a tenant should contact the Residentia­l Tenancies Officer assigned to their applicatio­n with specifics of their safety concern."

NEED PEACE UNTIL MOVE

Mailman must file her applicatio­n first before a residentia­l tenancies officer is assigned to her case. But before she contemplat­es that, as well as a move to a new place, she must bury her father.

She is anticipati­ng it will take weeks before she's granted a formal hearing.

The Service Nova Scotia spokespers­on said it currently takes four to six weeks for applicatio­ns to be heard. The final decision is given within 14 days of the hearing date.

"We would recommend anyone who is concerned for their safety or the safety of their property, contact local police's non-emergency line to seek assistance," the department said.

 ?? ?? Tracy Mailman: “I don't have another place to live and I don't have time to look right now. We're going to have to stay here for now. Will I sleep well? No.”
Tracy Mailman: “I don't have another place to live and I don't have time to look right now. We're going to have to stay here for now. Will I sleep well? No.”
 ?? CONTRIBUTE­D ?? Tracy Mailman's cousins helped get the open doorway of her Rockcliffe apartment unit boarded up to keep intruders and snow out before the first storm of 2021 on Dec. 8.
CONTRIBUTE­D Tracy Mailman's cousins helped get the open doorway of her Rockcliffe apartment unit boarded up to keep intruders and snow out before the first storm of 2021 on Dec. 8.

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