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For over 17 years, Abby has lived in her basement apartment in Kensington-Cedar Cottage. Abby is an active member of her neighbourhood and community and has a long history of volunteering, including at her local Neighbourhood House.
Her landlord lives alone in the main unit upstairs. Abby has been an excellent tenant, not only taking care of her unit but doing largely uncompensated additional work for her landlord: she takes care of the garden and also watches her landlord’s dog whenever she is away, often for weeks at a time.
Now Abby, who is living on a fixed income, is facing eviction. On September 7, she was served a four-month notice “Notice to End Tenancy for Landlord’s Use of Property.”
A Bad-Faith Eviction
Many times during her tenancy, Abby’s landlord has suggested she would like to evict her so that family members or homestays could move in. At one point, Abby’s landlord even stated that her friends said she could evict Abby and rent the unit to a new tenant to make more money. Previously, Abby asked to remain in the unit and the threats of eviction were dropped. Meanwhile, the landlord has consistently failed to take care of basic repairs, including a broken stovetop and screen door, and asked Abby not to use the dryer in her unit in order to save on electricity.
In late 2023, Abby’s landlord asked her to agree to a voluntary rent increase of 42%. Feeling pressured, Abby agreed to an increase of 24% - an increase of $300. Following this, the landlord was upset with Abby for not agreeing to a larger increase.
Abby believes her landlord intends to move a homestay into her unit, or possibly rent the unit at a much higher rent amount. Even if the landlord does, in fact, want to move into the basement, this move would only free up more space for potential homestays or tenants upstairs, whom she could charge far more than the now below-market rent that Abby currently pays.
It strains credulity that the landlord, who has also lived in the house for 17 years, would wish to move her belongings and dog into the basement suite of the house when she currently occupies the much larger upstairs. It’s also implausible that the landlord, who recently requested an illegally large increase in rent, now claims she wants to occupy Abby’s unit and will receive no rental income from it.
Abby’s landlord’s behaviour strongly suggests that the eviction notice is not issued in good faith. The timing of the notice, closely following Abby’s rejection of an illegal rent increase, raises serious concerns about retaliatory intent. In Abby’s current state of health, and with the massive increase in rent that a new lease would mean, a move would be devastating.
The landlord sees evicting a long-term tenant from her home as an easy way to make more money off the property, and, like so many other landlords in a city where market rent is climbing steadily, knows that the “landlord’s use” eviction is often the tool for the job. Abby is fighting this eviction at the RTB but knows it’s not a panacea - that’s why she needs your help!
Timeline of Events
- July 2007-October 2023 - Abby lives peacefully in her home
- November 2023 - The landlord informs Abby her rent will increase by 42% in March 2024. Abby informs the landlord this would be an illegal and unjust increase
- December 2023 - Feeling pressured by the landlord, Abby agrees to a 24% rent increase. The landlord remains angry with Abby. The landlord advises she will no longer accept rent payment via e-transfer, only accepting cash
- September 2024 - The landlord serves Abby with an RTB-32L “Four Month Notice to End Tenancy For Landlord's Use of Property”
- November 2024 - RTB dispute hearing
Call to Action
Abby has her dispute hearing with the RTB on November 5th, 2024 and needs the support of a strong community behind her to keep this eviction from going forward. In Abby’s words: moving is not an option.