1. Tenant Refusal to Leave
A Brampton, Ont. couple faces a significant financial setback as their tenant refuses to vacate their home, leaving them with over $22,000 in unpaid rent. Yvonne Folkes and her husband have been unable to reclaim their semi-detached house after asking the tenant to move out.
2. Financial Strain
Folkes described months of frustration, emphasizing the urgency of occupying their only home again. The couple had been living temporarily with family while relying on the rental income to cover their mortgage payments. With no rent coming in, they’ve had to dip into their credit line.
“It’s challenging, depressing, hard,” Folkes told Global News in an April interview. Despite hiring a paralegal to assist with the eviction, delays with the Landlord and Tenant Board have compounded their difficulties.
3. Tenant’s Defense
Hermann Founiapte Dakono, who signed the lease as Hermann Founiapte, requested his tribunal hearing be conducted in French, despite communicating with Folkes in English. When Global News attempted to get a comment from him, someone in the house called Peel Regional Police, claiming there was a break-in. Officers interviewed Dakono, who then spoke with reporters.
4. Disputed Claims
Dakono claimed Folkes instructed him not to pay rent and returned his post-dated checks. However, he continued to live in the home with a female partner and child for over seven months. Neighbors and Folkes allege that additional people, some with their own keys, are also residing in the house.
5. Alternative Arrangements
Dakono stated they are building a home in Hamilton and would vacate the Brampton house once it is completed in the summer. Despite driving a late-model Dodge Ram and running a trucking company, he has not cited financial inability to pay rent.
6. System Knowledge
Dakono acknowledged his understanding of Ontario’s landlord-tenant regulations. “Of course, I have to know,” he said when asked about his familiarity with the system.
7. Expert Opinion
Kevin Costain, author of “From Rent to Ruin,” highlighted the betrayal of trust some tenants exhibit, particularly towards small landlords. He pointed to bureaucratic delays that allow tenants to avoid paying rent for extended periods, posing significant challenges for landlords like Folkes.
“You can get away with not paying rent for a year now,” Costain said, recounting his own negative experience with a tenant whose son caused extensive damage to his property.
8. Awaiting Resolution
When asked if he would pay the back rent and utilities, Dakono stated that the court would decide. “I’m going to stay here until the decision comes from the court,” he added, referring to the upcoming Landlord and Tenant Board hearing on June 4.
9. Tensions High
As Dakono drove away in his truck, Folkes and her husband shouted “liar” from the sidewalk. Police reminded the couple to maintain peace, as there was nothing they could do to assist.
“We need them out, we need the house, we need the rent,” Folkes pleaded with the officers, reflecting the couple’s desperation.
