Dozens of tenants fear being evicted from their homes

Residents of five buildings recently purchased by real estate agent David Powell and his associates fear having to vacate their affordable housing amid another episode of tensions between owners, investors and tenants.

Posted at 5:00 am

Frederik Xavier Duhamel

Frederik Xavier Duhamel
The press

The buildings 7140 and 7150, avenue Shelley, 7530, rue Garnier, 3655, rue Bélanger and 6620, 28e Avenue in Montreal, all of which have between six and eight units, have recently changed hands.

The people who live there have also received lengthy building codes and notices of rent increases or major building works that they consider unjustified. Some of these notices and many clauses of the settlement appear invalid in the opinion of an attorney.

Tenants who spoke to The press say the new landlords or their agents are talking about — or have already started without permission — working to raise rents by hundreds of dollars.

“They gave us a letter with 1001 rules that didn’t make sense,” says Pascal Chaput, who has been a tenant at 3655 rue Bélanger for 16 years. “They offered me to leave because they want more than double the rent,” he says.


PHOTO PHILIPPE BOIVIN, THE PRESS

Marie-Pierre Simard, tenant at 7530, rue Garnier, for 14 years

“I will lose quality of life, I will lose housing because these people decide that they want to earn money,” fears Marie-Pierre Simard, who has lived at 7530 rue Garnier for 14 years.

“Notification of a major repair or improvement”

Tenants of the Shelley Avenue buildings received “Notices of Major Repairs or Improvements” in September 2021, notifying them of work that required their evacuation for three months, December through February. The documents, signed by Anabelle Didier-Bujold, a partner of Mr. Powell, provide for compensation of three months’ rent plus $450.

Some went, others refused, like Francine Picard, 73, who has lived in 7150 for 25 years. She says that on her first visit, Mme Didier-Bujold told him his rent would increase by $200 to $300 after the renovations, which haven’t happened yet.

Same scenario at 7140 where work started without a permit. On May 20, the city sent a notice to owners to request that work stop, according to documents obtained by the municipality. As of June 9, no application for a renovation permit had been made for these two buildings.

so far m.me Picard is the only tenant of the five buildings that the current owners have taken steps to vacate in the Administrative Court for Housing (TAL). However, they withdrew before the hearing.

“They stressed me out, really stressed me out, then for nothing,” says Mme Picard, adding that she couldn’t sleep for weeks for fear of having to leave.

“She’ll do anything to make the world brown,” she says, referring to Mme Didier Bujold.


PHOTO PHILIPPE BOIVIN, THE PRESS

Tenants at 7150 Shelley Avenue received notices last September notifying them of work that required their evacuation for three months.

Residents of 7530, 3655, and 6620 have received lease renewal notices requiring a $50 rent increase effective January 1, 2019ah July and two options: accept or leave the premises.

“However, if the owner decides to set the options, he must write all the options,” affirms Me Justine Sarah, attorney at Juripop. In their opinion, these decisions could be declared invalid because they do not indicate that tenants have the right to refuse these conditions.

Some, like Mr. Chaput and Mr.me Simard nevertheless declined these increases, scribbling the missing option before sending the notice back. Stéphanie St-Pierre, tenant of 6620, said she would accept on condition that certain work she deems urgent be carried out.

building codes

All tenants who spoke to The press – at least one at each of the five addresses – received nearly identical building codes from their new owners.

The 8- to 11-page documents provide for numerous prohibitions and obligations for tenants, including the payment of destruction costs in the event of pest infestation.

These regulations also include fees for a variety of situations, such as $50 for a building manager’s visit, $75 for a rental three days late, and $450 for a sublease or assignment.

“Changes to this regulation can be made unilaterally by the landlord,” the documents conclude.

“These are regulations that make no sense,” says M.me St-Pierre, mother of two young children. I signed the rules because I was like, ‘Look, I have a newborn baby, she’s going to be 2 months old, little one. So I can’t pick me up outside.” »

According to Me Sarah, these clauses are invalid.

The destruction of vermin, for example, is the responsibility of the owner. In addition, according to the lawyer, the latter could not unilaterally change the regulations – and thus the rental agreement. “It has to be sent as an extension notice, and then the tenant has to accept or reject it,” she explains.


PHOTO PHILIPPE BOIVIN, THE PRESS

7530, rue Garnier, acquired by David Powell and his associates in May

Also, a landlord may not charge a fee for the assignment of the lease, except for “reasonable fees, such as B. a credit check, which, however, are not foreseeable [le montant] in advance,” says Mr.e Sarah. Many other clauses could also be deemed unfair and therefore voided, such as requiring $50 for a visit or $75 for a late rental, Ms.e Sarah. “This is not damage that seems realistic to me,” says the specialist lawyer for housing law.

A Coach in real estate flips

David Powell is a well-known actor in the industry. He is Coach has been with the Quebec Real Estate Investors Club (CIIQ) since 2018 and in particular gives the training “Living quickly from real estate thanks to FLIPS” at a price of USD 149.95.


PHOTO BY DAVID POWELLS LINKEDIN PROFILE

Real estate agent David Powell

“Dave Powell has made a name for himself in the real estate flip world in Montreal, where he’s done more than thirty real estate flips in desirable areas,” we read in the description of a brief interview recorded by the CIIQ three years ago YouTube was released before. “I started doing building renovations in Montreal, from makeup renovations to major makeovers,” he says in this interview. “That’s where I got my know-how […] I now support investors with their projects in order to give them the best possible 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, of which Gestion AP-LPD and David Powell Immobilier are shareholders. Gestion AP-LPD is owned by Louis-Pierre Deslauriers and Andréane Poirier. The tenants of these apartments state that they were visited by a representative of the owners who is not registered among the shareholders.

The 7140 and 7150 went on sale on August 17, 2021. The 7140 is owned by 9390-0363 Québec Inc., whose first three shareholders are David Powell, Anabelle Didier-Bujold and Lucie Desgagné. 7150 is owned by David Powell. Tenants in both of these buildings say they have a visit from Mr.me Didier Bujold.

All of these individuals were contacted by phone or email. Mme Desgagné is the only one who has responded to inquiries The press. She says she is not very involved in 9390-0363 Québec Inc.’s affairs. and never having visited 7140.

In addition, on June 9, Mr. Powell was summoned by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) to face six charges of insulting the honor and dignity of the profession. The OACIQ points out that the decision on guilt and sanctions must be made “within about 60 days”.

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