East Hamilton tenant fears eviction, financial penalty for pest control costs
Kenneth Scott and his family are facing an uncertain future, with a hearing slated for January at the Ontario Landlord and Tenant Board.
Scott, who lives in a highrise building at 40 Grandville Ave., received a notice from CLV Group in September regarding an application to end his tenancy through an N5 notice, citing him and his wife for Interfering with others, damaging or overcrowding."
An N5 is a legal notice that could lead to a tenant being evicted from their home.
Along with a potential eviction, Scott is also concerned he could be on the hook for costs related to pest control treatments in his unit due to amendments to the Residential Tenancies Act that took effect Sept. 1, allowing landlords to claim compensation for expenses related to the conduct of tenants that substantially interfere with the landlord's reasonable enjoyment or another lawful right, privilege or interest of the landlord."
Scott issued an appeal to the media and his local MPP to bring his situation to light. He argues the building owner, pest control company and property manager are operating as a unified front to evict tenants paying lower rents.
My family has done nothing wrong but lived in this building before the new owners took over," said Scott.
Scott provided scanned documents submitted as part of the N5 application that state the landlord received a complaint regarding cockroaches in an elevator in the complex on July 29.
The Landlord reviewed CCTV footage and confirmed the infestation of cockroaches in the elevator was caused by (Kenneth Scott) bringing a laundry basket infested with the pests into the elevator," CLV states in the filing.
But Scott believes the landlord wants his family out because their rent payments are less than half of what some renovated units in the building rent for.
Since Aug. 4, they have been delivering notices to us," said Scott. Not only have they come in for an inspection at least every two weeks, they keep scheduling these treatments with their in-house staff. They control all this. It's completely on their own, unsubstantiated say-so that these treatments are required."
CLV is the property manager for InterRent REIT, the real estate income trust that owns four highrise buildings east of Centennial Parkway. CLV Group and InterRent REIT own and manage over 12,500 units in properties throughout Ontario and Quebec.
The N5 application includes a note from a pest control technician dated Aug. 13, stating the unit was not prepared for treatment.
Another notice dated Sept. 10, 2021 states pest control technicians attended the apartment to conduct treatment in the unit.
The September notice states: top of kitchen cabinets not clear, exposed dishes in dining room, items in second room closet, roach debris not cleaned."
The lack of preparedness and refusal of PCT [pest control treatment] have seriously interfered with the enjoyment of the rental complex by the Landlord and other residents in the building and have interfered with the Landlord's lawful interests, rights and/or privileges, thus the Landlord demands the Tenants comply with all PCT requirements," CLV states in the N5 filing.
Scott plans to contest the eviction and said he has filed a separate complaint with the Landlord and Tenant Board alleging harassment by the landlord.
The case is still pending and claims have not been proven.
In an emailed statement to Hamilton Community News, CLV Group community relations manager Roseanne MacDonald-Holtman wrote: In response to your inquires, we always put the safety of our residents first, and we are obligated to ensure that all of our residents are provided with peace of mind and a well maintained home. We respect the privacy of all of our residents and do not discuss these matters publicly. The LTB oversees and arbitrates any disputes between the Landlord and Tenants, and any questions about this process should be directed to the Landlord Tenant Board."