ACORN held a rally in Dartmouth. Below is their description on what it was all about.
“David, his two children, his mother, and brother are all facing eviction at the end of October as their landlord and property manager have chosen not to renew their fixed-term lease.
Their reason? “Tenant is calling HRM Bi Law to complain about issues rather than telling us about the issues.” David called the city and residential tenancies after the landlord refused to do anything about unsafe conditions in his unit, now they’re forcing his family out!
This is unacceptable! All this family wants is to pay their rent and live in peace! We’re rallying outside Ansell’s office to demand they sign David on to a year-to-year lease at the same rent, fix the problems identified in his building by the city, and stop evicting families in the middle of a global pandemic!”
Response
David Comeau willingly signed a one year fixed term lease agreement in October 2019 which expires on Oct 31st 2020. Neither party has to give the other a notice to quit in a fixed lease agreement. Meaning that a tenant also does not have to provide a landlord with a notice to quit the lease.
There were some issues, on both sides, that were mediated and agreed upon in a tenancy hearing last March.
The word eviction is being grossly misused as it implies that Ansell Properties has sought termination of tenancy and has an order of the director for vacant possession, which we did not and do not.
David did file for a tenancy hearing on the basis that we were ‘retaliating’ against him. The case was heard over 2 1/2 hours, it was dismissed and deemed unfounded by the presiding Tenancy Officer.
Since that date I have been inundated with harassing emails, and verbally abusive phone calls / voice mail messages from members of ACORN as well as several of ACORN’s members rallying outside Ansell’s office today.
I recognize that ACORN’s work is important as some landlords do not live up to their responsibilities, but that simply is not the case here. It is a shame that before mounting this campaign that they never reached out for the other side of things and took everything that David is saying as the absolute truth which as the supporting documents show is not.
We sent David an email in July as a courtesy reminder that his lease expired on oct 31st which we are under no obligation to do in a fixed agreement.
