No rent, no door for Sydney tenant
Landlord's tactics not permitted under provincial residential tenancy act
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.