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When Thamara DeVries handed over the keys to her fully furnished home in Wheatley River, P.E.I., in February, she thought she was renting it to a family of four.
But shortly after move-in day, DeVries was called to help with the property’s hot tub.
“I realized that there was a mom and a dad and 10 children, which is definitely not what we agreed on,” DeVries told CBC News.
She said the couple confirmed the 10 children were all theirs and were all living in the house.
DeVries immediately contacted the Island Regulatory and Appeals Commission (IRAC), which handles disputes between landlords and tenants on P.E.I.
That began a months-long effort to evict the tenants. She said the legal process has dragged on, and in the meantime, she’s watched the home deteriorate.
“That process has been incredibly painful, excruciating and draining, to say the least,” she said. “We have a hard time going to bed, and our financial situation has changed quite a bit, including lawyer fees and the fact that they haven’t paid any rent since April.”
CBC News knocked on the door of the property in an attempt to speak to the renters, but no one answered.
‘Beyond devastated’
Eventually — after providing the tenants with written notice that she was going to enter the property, in accordance with IRAC policy — DeVries called the police for assistance.
She said she didn’t feel safe going in without officers nearby after noticing aggressive dogs on the site. Soon she saw something she found even more menacing.
“There were knives all over the door frames on every door of the main floor — all covered in knives — to prevent us from walking into the property,” she said.
“We had to remove the knives and push the door in and to see the absolute disaster that it was.”
Once inside, the first thing she noticed was the smell — “the worst smell you could imagine,” DeVries said.
She said the downstairs of the property had been turned into a greenhouse for growing plants and all the furniture had been tossed outside, exposed to winter conditions. She also found kittens in the bathtub.
“The furniture is gone, ruined. The floors are ruined. The screen doors and all the screens on the windows are ripped. The kitchen is absolutely trashed and the carpets are absolutely filthy and… my hot tub isn’t working anymore and the yard looks like a dump,” she said, describing her walk through the house.
“At that point, I am beyond devastated.”
Outside, she said the tenants had turned the yard into farmland and dumped several truckloads of manure on top of where her well sits. Despite repeated requests to have it moved, she said the pile remains there.
“I’m going to be left with maybe $80,000 of damages, lawyer fees to the roof and the mental stress that is … beyond anything anyone can imagine,” she said.
Eviction order delayed
DeVries presented photos of the damages and documents showing non-payment of rent during a hearing at the end of May. IRAC ruled the tenants had seven days to vacate.
But she said the tenants appealed the decision, arguing they couldn’t find housing within a week and alleging discrimination in the rental market against large families.
“Honestly, I have no idea how any of those two things are related to me,” DeVries said.
The tenants also applied for a return of rent totalling $14,500, along with “compensation for emotional distress” in the amount of $12 million, according to IRAC documents.
That application was denied, with a residential tenancy officer for the commission writing that the tenants “have not established a valid claim for a return of rent and I do not have the jurisdiction to consider the tenants’ claim for emotional distress.”
The next hearing between the two sides will be conducted in writing, and both sides can submit evidence later this week. It’s not known when a decision will be made.
It just feels that there is a high level of injustice and the process is not fair.— Thamara DeVries, landlord
“In all rental matters, the commission endeavours to provide a timely decision to the parties, taking into account the unique circumstances of each matter,” IRAC wrote in a statement to CBC News.
Meanwhile, DeVries said it pains her to see the property her family worked hard to purchase — the place where she hoped to host her daughter’s wedding someday — in an unrecognizable state.
“It’s the process that is killing us. It’s not… that I have no evidence. It’s the fact that the process is so slow and there’s so many loopholes, and people know how to play the game,” she said.
“It just feels that there is a high level of injustice and the process is not fair.”
‘Know what you’re getting into’
Conflicts between landlords and tenants are common on P.E.I., said Rowen Gallant, program manager of Renting P.E.I. at Community Legal Information.
Gallant said the office often receives calls from tenants seeking to understand their rights or needing support after a relationship with their landlord has broken down.
He added that landlords must also be informed of their responsibilities from the beginning. Renting P.E.I. offers a guide specifically for landlords.
“It helps you know what you’re getting into before you before you actually get into the trouble or the trouble starts,” he said.
He added that good communication and relationship-building are also crucial in preventing and managing potential conflicts. He said this applies to both tenants and landlords.
“When both parties have a firm understanding of how the legislation works and what their rights are and what their responsibilities to each other are, that always is going to give you the best chance of success at having a good relationship.”