The NWT Rental Office has issued an order allowing a Yellowknife couple to remain in their Franklin House apartment despite the landlord asking all tenants to leave.
Last month, residents of the building were issued a notice giving them fewer than 30 days to move out of their homes.
The notice, which was reviewed by Cabin Radio, stated that due to a fire in May, the building will need to undergo “a complete renovation and restoration.”
“To carry out these renovations safely and effectively, the building will be fully locked down after September 30,” the notice added.
The letter was signed by Franklin House’s owner, Range Lake Developments, which also owns several commercial buildings in Yellowknife. The company’s letter did not mention any possibility of returning to the building once renovations are complete.
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Later, two tenants submitted an application to the rental office claiming they weren’t given proper notice to vacate the premises and the landlord hadn’t kept the residence in a state of good repair. The tenants asked for more time to search for alternative accommodation.
Range Lake Developments did not attend a hearing on the matter last week and could not be reached by Cabin Radio for comment. Similarly, the couple could not be reached.
In a decision in the case dated October 2 but signed on October 3, the rental officer stated the landlord “must comply with their obligation not to disturb the applicants’ possession or enjoyment of the rental premises.”
Additionally, the office ordered Range Lake Developments to address key maintenance complaints such as the locking mechanism on their apartment door, a slow-draining bathtub and an insect infestation.
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Until those issues are addressed, the couple’s rent is to be paid to the rental office and held in trust until repairs are complete, the order stated.
Landlord issues new notice
On October 2, Range Lake Developments sent another notice to the couple, this time asking them to leave by the end of October 12.
“The reason for the termination of the tenancy is that it has become impossible for you to safely remain at the premises, due to recent findings regarding the building’s structure and security issues. Further, you must be vacated from the premises in connection with a fire hazard abatement order,” the notice stated.
On Tuesday, a spokesperson for the NWT’s Department of Municipal and Community Affairs – which oversees the Office of the Fire Marshal – said the office had not issued any order to have tenants vacate Franklin House.
The spokesperson said the fire marshal’s office had “inspected the building and continues to work with the owner to address outstanding fire code concerns that were noted to ensure those occupying the building are safe.”
The notice provided by Range Lake states the couple repeatedly failed to provide the full rent on time. However, the rental office order includes a record that suggests rent was regularly paid by the couple to the rental office – an arrangement that followed from an earlier order – since October last year.
The letter issued by Range Lake also alleges the tenants failed to keep their apartment in “an ordinary state of cleanliness.”
Lawyer Peter Adourian, who has knowledge of the case, said the tenants have been waiting for months for the landlord to address issues such as the broken locking mechanism and insect infestation.
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“But of course, anybody living in these conditions would be looking for alternatives. There just aren’t that many alternatives in Yellowknife,” said Adourian.
He accused the landlord of trying to “control the process without any oversight by the law” by declining to participate in the rental office hearing.
The conduct of landlords “should be a huge social concern,” said Adourian.
“Unless some body of government steps up to keep these landlords accountable, the in-your-face homelessness that we already experience in Yellowknife is going to get worse and worse.”
