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'Completely misleading' landlord letters threaten tenants with eviction

'Completely misleading' landlord letters threaten tenants with eviction

CBC
Thursday, May 04, 2023 08:39:30 AM UTC

Tenants of two recently sold apartment buildings in London's Huron Heights neighbourhood are facing threats of having their leases cancelled in landlord letters that a tenants' advocacy group calls "completely misleading." 

A handful of tenants of two seven-storey apartment buildings at 1270 and 1280 Webster St., near Huron Street and Highbury Avenue, received letters just weeks after the two buildings were sold on March 30.

Property records show the buildings were bought for $2.3 million by a Toronto-based company registered as Webster Apartments Inc. Together, the two buildings have about 140 rental units.

CBC News has viewed a copy of the letter sent to a tenant at 1280 Webster St. Neighbours say a handful of tenants in both buildings, though not all tenants, have received similar letters.The letter says the building "has been in disrepair for many years" and requires an "extensive renovation." 

The letter says the renovations will take seven to 10 months to complete.

"Therefore we have no choice but to terminate your lease effective Aug. 31, 2023," the letter says.

The letter goes on to say: "While we understand this letter may come as a surprise, we are well within our rights as building owners to terminate your tenancy and do the necessary improvements as required." 

CBC News reached out for comment to Sarita Mathema, the company representative listed on the letter, but did not receive a reply by publication time.

Jordan Smith of the tenants rights' group ACORN said the letter is "extremely misleading and intimidating."

"Getting a letter like this is frankly frightening if you're a tenant," said Smith. "It's threatening in nature." 

Smith said the letter has many inaccuracies about tenants' rights under Ontario's Residential Tenancies Act in cases where a landlord wants a tenant to leave for renovations. 

Smith points out that tenants can contest a landlord's request to leave and only have to vacate in response to a ruling from the Landlord Tenant Board (LTB), a provincial tribunal that adjudicates over landlord-tenant issues. Also, Smith said tenants who leave for renovations have a legal right of first refusal to return to the same unit once the repairs are completed. 

"To say their leases are terminated is leaving out a really big piece of the puzzle," said Smith. 

The letter sent to some tenants cites N13 and N9 forms, which it claims are "issued by the Landlord and Tenant Board." 

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