A Montreal real estate agent will be fined $8,000 for “illegally evicting” a tenant after a fire in order to convert his apartment into “luxury accommodation.”
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“The problem is bigger for me than it was for my previous owner. The government really needs to enact laws that truly protect renters. It ruins a life when you lose your home,” sighs Jérémy Murray in an interview with Le Journal.
Portrait of Meshullam Barthélemy, aka Mitch Barthelemy, who was convicted of bad faith last month for “unlawfully evicting” a tenant. Photo from Mitch Barthelemy’s Facebook account
The 28-year-old Montrealer first fell victim to a small fire in his apartment in the Hochelaga-Maisonneuve district in August 2022. His owner, Meshullam Barthélemy, who also uses the business name Mitch Barthélemy, had promised him that he would be able to return to his accommodation within six months.
“Despite the tenant’s request to communicate the date of return to his accommodation, the owner does not contact him and unilaterally decides to terminate the rental agreement and sublet the accommodation in question to third parties,” we can read in a decision issued this month under the Administrative Housing Tribunal (TAL).
“Luxurious” and “much more expensive”
Judge Lise Gélinas then explains that Mr Barthélemy had thereby “unlawfully” evicted the tenant from his accommodation and had acted “with bad intentions”.
“The court in no way accepts the owner’s argument that the accommodation, because it has become more luxurious and much more expensive, defeats the purpose of the rental agreement, without any supporting evidence,” complains the court.
In front of the building where Mr. Murray was “illegally evicted” in Montreal. Pierre-Paul Poulin / Le Journal de Montréal / Agence QMI
Note that the monthly rent for the four and a half people who are the subject of this judgment increased from $990 to $1,460 thanks to the eviction of Jérémy Murray.
“The owner, who is also absent [à l’audience]“The tenant’s right to remain in the rented premises was intentionally violated and disregarded,” the judge wrote.
Meshullam Barthélemy, who heads the company number 9190-0548 Québec Inc. The building’s manager was ultimately ordered to pay his former tenant $8,000 for bad faith. Of that amount, the judge awarded $6,500 in punitive damages and $1,500 in moral damages.
Okay, too low
Mr. Murray admits to the Journal that this sum is rather ridiculous. He specifically sought $20,000 in moral and punitive damages.
Photo of Mr Barthélemy convicted of bad faith. Photo from Meshullamb’s Instagram account
“However, the TAL rules say in black and white that I could take my accommodation back, and the owner knew it, but I couldn’t; $6,500 in punitive damages, he will get that money back in less than a year and a half from the profit on the increased rent. “It’s nothing,” criticizes the Montrealer.
“I experienced a lot of stress and psychological strain during the persecution,” he added. It should not be up to the tenant to take justice into their own hands and take the case to court alone. A bit like when we get scammed, it’s the police who investigate to help us.”
Our requests for an interview with real estate agent and owner Meshullam Barthélemy remained unanswered at the time of publishing this text.
To read the ruling, see the document below:
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