Residents of five buildings recently purchased by real estate agent David Powell and his partners fear having to abandon their affordable housing in another episode of tensions between owners, investors and tenants.
Posted at 5:00 am
Buildings at 7140 and 7150, Shelley Street, 7530, Rue Garnier, 3655, Belanger Street, and 6620, 28e Avenue, in Montreal, which all have between six and eight units, recently changed hands.
Those who live there have also received lengthy building regulations and notices of rent increases or major works they consider unjustified. Some of these notices and many of the settlement clauses appear invalid, according to one attorney.
Tenants who spoke with Journalism They say the new owners or their representatives are talking about doing – or already starting without a permit – business to increase rents by hundreds of dollars.
“They gave us a letter with 1001 lists that don’t make sense,” says Pascal Chabot, a tenant at 3655, Belanger Street for 16 years. “They made me offers to leave because they wanted more than double the rent,” he says.
Marie-Pierre Simard, who has lived at 7530, rue Garnier for 14 years, worries, “I’m going to lose quality of life, I’m going to lose living space, because these people decide to make money.”
Notice of major repair or improvement
Tenants of buildings on Shelley Street received “notices of major repairs or improvements” in September 2021 that informed them of work requiring their eviction for a period of three months, from December to February. The documents, signed by Annabelle Didier Bogold, an aide to Mr. Powell, provide for three months’ rent compensation plus $450.
Some left, but others refused, such as Francine Piccard, 73, who lived in 7150 for 25 years. She says that on her first visit, mI Didier Bogold told him his rent would go up from $200 to $300 after renovations that had yet to be done.
The same scenario in 7140 where it started working without a permit. A notice was sent by the city to the owners on May 20 asking to stop the work, according to documents obtained from the town. As of June 9, no renewal permit application has been submitted for these two buildings.
So far, M.I Picard is the only tenant of the five buildings against which the current owners have taken steps before the Administrative Housing Tribunal (TAL) to evict them. However, they withdrew before the session.
“They stressed me, really stressed me, and then for nothing,” indignant MI Picard added that she had been unable to sleep for weeks for fear of having to leave.
She said referring to M.I Didier Bogold.
7,530, 3655, and 6,620 residents received lease renewal notices containing a $50 rent increase from 1Verse July and two options: accept it or leave the building.
However, “when the owner decides that he is making options, he must write down all the options,” asserts Me Justin Sarah is a Juribop lawyer. These notices could be considered void, she says, because they do not indicate the tenants’ right to refuse these terms.
Several of them, such as Mr. Chabot and Mr.I Simard, however, dismissed these increases, and scribbled the missing option before returning the notice. Stephanie St-Pierre, renter at 6620, said she would accept, on condition, some work she deemed urgent.
All tenants who spoke with Journalism At least one in each of the five addresses received nearly identical building regulations from their new owners.
Documents from 8 to 11 pages provide for many prohibitions and obligations for tenants, including paying for extermination if insects are present.
These regulations also include fees for a range of cases, such as $50 for a visit from a building manager, $75 for three-day late rent, and $450 for subletting or assignment of rent.
“Any modifications to these regulations may be made by the lessor unilaterally,” finally pointing out the documents.
M says.I Saint-Pierre, mother of two young children. I signed the rules because I was like, “Look, I have a newborn, she’s going to be two months old, the little one. So I can’t carry myself outside.” »
according to me Sarah, these items are not valid.
Extermination of insects, for example, is the responsibility of the owner. In addition, the latter cannot unilaterally modify the regulations – and thus the lease – according to the attorney. “It must be sent as a notice of renewal, and then it must be accepted or rejected by the tenant,” she explains.
The landlord also cannot charge a lease assignment fee, except for “reasonable fees, such as a credit check, but which cannot be expected [le montant] in advance,” says Mr.e Sarah. Many other clauses can also be considered unfair and therefore invalidated, such as asking for $50 for a visit or $75 for late rent, according to Ms.e Sarah. It’s not a harm that looks realistic to me,” says the attorney who specializes in housing law.
a Fitness Trainer In real estate volatility
David Powell is a well-known actor in the industry. he is Fitness Trainer At the Club of Quebec Real Estate Investors (CIIQ) since 2018, offering training exclusively “Live Fast from Real Estate Thanks to FLIPS” at a cost of $149.95.
“Dave Powell built his reputation in the real estate world in Montreal doing more than thirty real estate flips in sought-after areas,” can we read in the description of a short interview that CIIQ posted on YouTube three years ago. “I’ve started doing the ups and downs of building renovations in Montreal, from makeup renovations to major makeovers,” he says in this interview. “This is where I got my experience […] I now support investors in their projects to give them the best advice. »
Mr. Powell has done business with several partners to purchase the buildings discussed in this article.
7530, 3655 and 6620 were sold on May 17, 2022 to Immobilier LPDP, whose shareholders are Gestion AP-LPD and David Powell Immobilier. Gestion AP-LPD belongs to Louis-Pierre Deslauriers and Andréane Poirier. The tenants of these dwellings say they have received visits from a representative of the landlords who are not registered among the shareholders.
The 7140 and 7150 were sold on August 17, 2021. The 7140 belongs to 9390-0363 Québec inc. , the first three contributors are David Powell, Annabel Didier-Bogould and Lucy Desjani. 7150 belongs to David Powell. The tenants of these two buildings say they have received visits from Mr.I Didier Bogold.
All of these individuals were contacted by phone or email. MI Desgagné is the only one who responded to the requests Journalism. It says it is not significantly involved in the affairs of 9390-0363 Québec inc. He has never visited 7140.
In addition, Mr. Powell has been summoned to a hearing on 9 June by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) to face six counts of insulting the honor and dignity of the profession. The OACIQ notes that a determination of guilt and punishment must be made “within approximately 60 days”.