Residents of five buildings recently purchased by real estate agent David Powell and his associates fear they will have to leave their affordable housing in yet another episode of tensions between owner-investors and tenants.
Posted at 5:00
The buildings at 7140 and 7150, avenue Shelley, 7530, rue Garnier, 3655, rue Bélanger, and 6620, 28And 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 that they deem unwarranted. Some of these notices and many clauses of the agreements appear to be invalid, according to a lawyer.
Tenants he spoke to The print suppose the new owners or their representatives are talking about doing – or have already started without permission – work to raise rents by hundreds of dollars.
“They gave us a letter with 1001 regulations that made no sense,” says Pascal Chaput, tenant of 3655, rue Bélanger for 16 years. “They’ve made offers to let me go because they want more than double the rent,” he says.
“I will lose the quality of life, I will lose living space, because these people decide they will make money”, worries Marie-Pierre Simard, who has lived at 7530, rue Garnier for 14 years.
“Notice of major repair or improvement”
Tenants of buildings on Shelley Avenue received “notices of major repairs or improvements” in September 2021 informing them of construction that required their evacuation for three months, from December to February. Documents signed by Anabelle Didier-Bujold, an associate of Mr. Powell, provide for three months’ rent plus $ 450.
Some have left, but others have refused, such as Francine Picard, 73, who has lived at 7150 for 25 years. She says that during her first visit, she Mmyself Didier-Bujold told him his rent would increase by $ 200 to $ 300 after the renovations, which haven’t yet taken place.
Same scenario at 7140, where the works were started without permission. On May 20, a notice was sent by the Municipality to the owners asking for the suspension of the works, according to the documents obtained by the village. As of 9 June, no request for a renovation permit had been submitted for these two buildings.
So far, M.myself Picard is the only tenant of the five buildings against whom the current owners have evicted her before the Administrative Housing Tribunal (TAL). However, they withdrew before the hearing.
“They stressed me out, really stressed me out, then not at all,” M indignantlymyself Picard, adding that he could not sleep for weeks for fear of having to leave.
“He goes out of his way to make the world tan,” he says, referring to Mmyself Didier-Bujold.
Residents of 7530, 3655, and 6620 have received lease renewal notices containing a $ 50 rent increase from 1uh July and two options: accept it or leave the premises.
However, “when the owner decides to put the options, he has to write all the options,” says MAnd Justine Sarah, Juripop’s attorney. These notices could be declared invalid, in her opinion, as they do not indicate that tenants have the right to refuse these conditions.
Several, like Mr. Chaput and Mr.myself Simard, however, declined these increases, scribbling the missing option before returning the warning. Stéphanie St-Pierre, tenant of 6620, said she would accept on condition that some works that she considers urgent were carried out.
All the tenants he spoke to The print – at least one at each of the five addresses – have received nearly identical building codes from their new owners.
The documents from 8 to 11 pages contain numerous prohibitions and obligations for tenants, including that of paying the costs of extermination in the event of the presence of parasites.
These regulations also include taxes for a number of situations, such as $ 50 for a building administrator’s visit, $ 75 for a three-day overdue rent, and $ 450 for a sublet or lease assignment.
“Any changes to these regulations can be made unilaterally by the lessor”, finally indicate the documents.
“These are norms that don’t make sense,” says M.myself St-Pierre, mother of two small children. I signed the rules because I was like, ‘Look, I have a newborn baby, she’s going to be 2 months old, baby. So I can’t get up outside “.”
In my opinionAnd Sarah, these clauses are invalid.
The extermination of parasites, for example, is the responsibility of the owner. Furthermore, the latter cannot unilaterally modify the regulation – and therefore the lease contract – according to the lawyer. “It has to be sent as a notice of renewal, so it has to be accepted or rejected by the tenant,” he explains.
A landlord also cannot charge a rent for a lease, except for “reasonable expenses, such as a credit check, but cannot be expected. [le montant] in advance, “says Mr.And Will be. Many other clauses could also be considered unfair and thus invalidated, such as requiring $ 50 for a visit or $ 75 for late rent, according to the lady.And Will be. “It’s not a damage that seems realistic to me,” says the real estate lawyer.
A trainer in real estate flips
David Powell is a famous actor in the industry. he is trainer at the Quebec Real Estate Investors Club (CIIQ) since 2018 and specifically offers the training “Live quickly from real estate with FLIPS” at a cost of $ 149.95.
“Dave Powell has built a reputation in the world of real estate flip in Montreal where he has done more than thirty real estate flips in sought after areas”, we can read in the description of a short interview published on YouTube by the CIIQ three years ago. “I started doing building renovations in Montreal, ranging from makeup renovations to major transformations,” he says in this interview. “This is where I gained my experience […] Now I support investors in their projects to give them the best advice. ”
Mr. Powell did 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 homes claim to have received visits from a representative of the owners who is not registered with the shareholders.
The 7140 and 7150 were sold on August 17, 2021. The 7140 belongs to 9390-0363 Québec inc., Whose top three shareholders are David Powell, Anabelle Didier-Bujold and Lucie Desgagné. 7150 belongs to David Powell. The tenants of these two buildings claim to have received visits from Mr.myself Didier-Bujold.
All of these subjects were contacted by telephone or by e-mail. M.myself Desgagné is the only one to have responded to requests The print. She says she is not very involved in the affairs of 9390-0363 Québec inc. and HAVE NEVER VISITED 7140.
Additionally, Mr. Powell was summoned for a hearing on June 9 by the Organsme d’autoréglementation du courtage immobilier du Québec (OACIQ) to face six counts of affront to the honor and dignity of the profession. The OACIQ indicates that the decision on guilt and the sanction must be pronounced “within approximately 60 days”.