KAWARTHA LAKES-Mary Webster is breathing a sigh of relief after a sheriff was finally able to remove an unwanted tenant after three long years. But there’s a lot of clean-up ahead for the 88-year-old.
“I’m so happy I’ve finally gotten rid of her. I feel like I’ve gone to heaven and back. Thank you so much to Kawartha 411 for helping me, I am very grateful”, Webster told Kawartha 411 News.
In January Webster told Kawartha 411 that she no longer felt feel safe in her own home in a quiet neighbourhood in Lindsay.
It all began on May 4, 2020, when the City of Kawartha Lakes put out a notice looking to “partner with landlords who own apartments in Kawartha Lakes and the County of Haliburton to help end homelessness during COVID-19”.
The appeal stated, “During the pandemic, the most vulnerable are at an even higher risk and the City is looking to landlords to help house homeless community members.”
The 88-year-old read about it in the local print newspaper and thought she would like to help someone in need. She contacted the City and by July she had a tenant moving into her basement.
Webster says the problems started almost immediately.
“They told me she was without a home through no fault of her own. They didn’t tell me she was mentally ill. At first, it was good but then it was horrible.” Webster told Kawartha 411 News. “A short time after she moved in here she brought a common law husband in and they (the city) said we can’t do anything about that she’s allowed to have someone.” (He moved out in December 2022)
That was just the beginning of a “nightmare” for Webster.
She says she has not been able to use the laundry room in the basement even though it’s stated in the lease that she is to be allowed access. Kawartha 411 has confirmed the tenant has piled junk in the basement doorway preventing her from entering. Sometimes, according to Webster, it has been taped shut. Webster now has to go to the local laundromat to do her laundry
When you opened the door to the basement a blast of overwhelming heat hits you. Webster claims the tenant leaves the oven and stove on all day and night, even when she’s not home.
“I’m afraid she is going to burn the house down. At first, she would put out the garbage every week but that soon stopped and I couldn’t figure out what she was doing with the garbage. Then I had to have a new furnace installed and when I got into the basement, there was junk everywhere, and all the garbage and recycling were in my fruit cellar. As far as I know, it’s still there.” Webster explains. “Around the 28th of December, she dragged a discarded real Christmas tree down the stairs into the apartment and it’s been there ever since.”
Read our original story here:https://www.kawartha411.ca/2023/01/23/88-year-old-lindsay-woman-fears-for-her-safety-after-answering-citys-call-for-rentals-for-the-homeless/
After our story broke a lawyer from Toronto contacted us at Kawartha 411 wanting to help Webster, free of charge. We connected the two and Gillian Fahy got right to work filing paperwork to have the tenant removed. Even though a Landlord Tenant Tribunal ruled the tenant must leave, a sheriff’s order had to be issued to remove her in July.
Fahy says there are lessons to be learned from this situation.
“This was a sad situation where two vulnerable parties were encouraged to enter into a contractual relationship which resulted in a dangerous and emotionally-fraught 3 years for the landlord. Lindsay should not be reaching out to vulnerable homeowners to house its citizens.” Fahy told Kawartha 411 News.
Mary had tried unsuccessfully on her own and then through a paralegal to remove the tenant for years. Webster filed a Notice of Termination with the Landlord and Tenant Board on November 5, 2021. At the time the tenant owed more than $4,300 in rent. She finally got her hearing on April 27, 2022 and an order for eviction was issued. However, the tenant, with the help of a taxpayer-funded paralegal, appealed the decision, paid the balance owed and was given permission to stay by the board.
The City said this is between the landlord and the tenant and there was nothing they could do.
“The City provided some upfront incentives such as prepaid rent for a couple of months, along with some short-term tenant supports. No formal agreement or contract was in place between the City and the landlord or tenant, as both the landlord and tenant signed a lease governed by the Residential Tenancies Act.” Michelle Corley, Housing Manager at City of Kawartha Lakes told Kawartha 411 News at the time. “We have been in contact with the landlord on several occasions and attempts have been made by our staff to mediate and resolve challenges. We have tried to re-engage the tenant for support, unfortunately, these attempts were not successful and the City has no legal authority surrounding the tenant’s right to remain there. We also can’t force tenants to participate in supports, and a lease under the RTA doesn’t allow a tenant to be evicted due to not participating in supports.”
None of that worked and Webster was stuck with the tenant.
Fahy says the Landlord Tenant Board (LTB) system needs an overhaul.
“The LTB system is broken and small-time, vulnerable landlords and at-risk tenants have great difficulty navigating that system. While ultimately, in this case, the Tribunal was very responsive and reasonable, it took great effort and support to get Mary to this conclusion.”
Webster says she will never rent again.
“It’s a shame because I’ve had good tenants before and none of them gave me a problem but this one took the cake.”
The narrative surrounding the roles between landlords and tenants is something Fahy says is part of the problem.
“The public narrative puts the word “vulnerable” in front of tenants but never in front of ‘landlord’ and that’s just not the case. There are many landlords in similar situations / struggles as Mary.”
Even though the tenant is now gone Webster says she left quite a mess behind. The floors and furniture are littered with garbage and cigarette butts. The cold cellar is full of garbage and the furniture, which Mary supplied, is destroyed.
Webster and Fahy are now going after the City to pay for the damages to her home.
