Shirley Jenne, a Niagara-on-the-Lake resident, is grappling with an unexpected and frustrating situation that began nine years ago. In 2014, Jenne allowed a man facing homelessness to stay temporarily in a house she was renovating in St. Catharines. Little did she anticipate the prolonged stay and the legal complexities that would follow.
Jenne, who initially thought the arrangement would be short-term, agreed to let the man stay until he found alternative housing. As the man lingered longer than expected, an agreement was reached in January 2015 for him to contribute $400 monthly towards utility costs, including heat, hydro, and water.
Fast forward to two years ago, Jenne, following a divorce, sought to move into the house she had diligently renovated over the years. However, the man refused to vacate and ceased payments nearly a year and a half ago. According to Jenne, he now owes her $6,800 based on the $400 per month agreement.
Despite Jenne’s efforts, the Ontario Landlord Tenant Board Tribunal ruled in favor of the man, stating he was not obligated to leave. The critical factor in the tribunal’s decision was the $400 payment, which transformed Jenne into a landlord in the eyes of the law.
Jenne, expressing her intention never to rent again, is appealing the decision and wants her experience to serve as a cautionary tale for others. She emphasizes the growing issue of landlords being unable to remove tenants, a sentiment echoed by Niagara-on-the-Lake Councillor Gary Burroughs.
The broader context of housing challenges includes a shortage of rental housing, leading to increased costs. In St. Catharines, for example, the rent for a one-bedroom apartment rose to $1,685 a month as of November, a five percent increase from the previous year, according to a report by rentals.ca.
The case highlights the need for landlords to carefully consider legal implications and tenant rights, especially in a system where security of tenure is a key factor. Jenne’s struggle serves as a stark reminder of the complexities landlords may face when navigating tenant-related issues.