Renters consider leaving N.L. after no-fault eviction ‘upheaved’ their lives

After moving to St. John’s from Peterborough, Ont. a couple built a comfortable life in a two-bedroom apartment with their cat. Two years later, they say a no-fault eviction forced them to start over.

It was the end of June when Memorial University graduate student Kerri Mozessohn received an email from a realtor saying the property they lived in was about to go up for sale.

Mozessohn and their partner Paige Jackson received word an investment buyer was interested in purchasing the house. The realtor assured them they’d be kept on as tenants.

“Then the next thing we heard, we got an eviction notice via email,” Jackson told CBC News.

She said it arrived on July 1.

Both from Ontario, the couple didn’t realize a tenant could be evicted without cause in this province. The situation, they said, sent them into a panic. 

“We did absolutely nothing wrong and our entire life was completely upheaved,” said Mozessohn.

A no-fault eviction is when a tenant’s rental agreement is terminated for reasons that aren’t their fault. For example:

Ontario — where Mozessohn and Jackson are from — has special rules around no-fault evictions, where landlords must first apply for an eviction order from the Landlord and Tenant Board.

“Landlords must act in good faith when evicting a tenant for reasons that are not the tenant’s fault,” says Ontario’s rental rights webpage. “This means the landlord must have honest intentions to use the rental unit for the purpose stated on the eviction notice.”

The province may order compensation to be paid to tenants in situations where they are evicted in bad faith — like if the landlord says one thing on the eviction notice, but ends up doing something else with the property.

However, Newfoundland and Labrador has different rules, and it’s causing Mozessohn and Jackson to rethink their future.

While N.L. landlords are barred from terminating a rental agreement in retaliation to complaints from tenants, for example, landlords are not necessarily required to have a reason to evict as long as the proper notice is given, according to the province’s Residential Tenancies Act. How much notice needs to be given depends on the type of lease in place.

Mozessohn and Jackson had a month-to-month lease, so they were given the required three months to move out. But they say that still doesn’t make them feel safe.

“This really is pushing us out because we have absolutely no security,” said Mozessohn. 

N.L. is a “legislative outlier” in how it allows no-fault evictions, says Daniel Kudla, an associate professor of sociology at Memorial University.

“It just is an easy gateway for people to become homeless if, of course, they don’t have the means to find another place rapidly,” Kudla told CBC News.

Kudla also said it needs to change, suggesting people can end up in even worse situations if the province doesn’t step in to provide clarity.

“Without rent control and without banning no-fault evictions, we’ll just continue seeing evictions and we’ll continue seeing homelessness rise as well.”

For comparison, CBC News reviewed legislation in other Atlantic Canadian provinces.

New Brunswick’s Residential Tenancies Act requires landlords to meet certain conditions to end a lease — and approval to terminate a lease for renovations, for example.

All evictions in Prince Edward Island must be approved by its regulatory body, according to legislation. No-fault evictions must fall under situations such as demolition of the building or a proven need to use it for personal use.

Nova Scotia also has specific rules landlords have to follow in order to evict a tenant. For example, they must submit certain forms to end an agreement so a new owner can occupy the premises.

CBC News additionally made numerous attempts to interview landlords for this story, but several declined to speak on the record.

In the weeks following the eviction notice, Mozessohn and Jackson scrambled to find a new place to live. 

When they found a new apartment, they had to stretch their finances and pay rent for both apartments in August so they had somewhere to go before their three months’ notice was up.

“We had double rent, security deposit and it just wiped out anything that we had,” said Jackson.

“It ate up our savings,” Mozessohn added.

Mozessohn added the situation highlights a need for change in regards to the province’s rental standards around no-fault evictions. 

“At the end of the day, we felt so helpless because there’s actually nothing we can do,” they said.

Mike Goosney, the minister of government services who is responsible for the Residential Tenancies Act, was not available for an interview according to department spokesperson Tina Newhook.

Instead, Newhook provided an email attributed to Goosney that said any changes to the act related to no-fault evictions must balance the rights of both tenants and landlords.

“In light of these concerns and the financial challenges facing many in our province today, we welcome conversations on how to move forward and what changes could be made,” the statement continued.

No specifics were provided, but it said the province would consider “all options” in consultation with housing advocates and community partners.

“We will take the time to consider next steps and have meaningful conversations,” it reads.

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