A landlord in Laval was ordered to pay almost $20,000 to a tenant family who, thanks to the services of a private investigator, proved they had been evicted from their property in “bad faith”.
“The owner is liable for the damage caused to the tenant because he did not take over the accommodation in his favor and his behavior, taking into account the evidence of bad faith, is characterized,” says a judgment of the Administrative Court of Housing (TAL), last month returned.
Rayan Hashem, 31, bought a three-apartment building on Notre-Dame Boulevard in Laval in 2016. In September 2020, he evicted Sean Psarakos’ family from one of those apartments under the pretense of moving in with his future wife.
Pierre-Paul Poulin / Le Journal de Montreal / QMI Agency
The building where Sean Psarakos’ family lived since 2003.
“The court rules that the owner must be obliged to compensate the tenant for his behavior. “The evidence shows that he did not live in the accommodation and, moreover, did not apply for the necessary authorization from the court to rent the accommodation in question,” said Judge Isabelle Normand.
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An investigator unmasks him
Sean Psarakos, father of two young children, told the court that he has lived in this apartment since 2003. It is a real ordeal for him to find new accommodation in the midst of a pandemic due to hygiene measures and the “lack of existing housing”. .
“He went through painful moments, including marital (stress to move quickly, his spouse’s health, which was deteriorating and related to the application for repossession of the apartment) and personally,” the court document reads.
Note that Rayan Hashem, who also works as a real estate agent, immediately rented the accommodation to another family after this eviction. He or his future wife never slept in this unit, assures Mr. Psarakos.
Screenshot of the centris.ca website
Rayan Hashem’s real estate agent profile on Centris website.
“The tenant’s allegations are supported by the testimony of an investigator hired by him who testified at the hearing. The tenant paid $689.85 for the preparation of the investigation report and related steps and $344.93 for testifying in court,” notes the Honorable Isabelle Normand.
It’s going to be expensive
The judge also points out that as a result of this repossession of the apartment, the tenant’s family had to move at a significantly higher rent.
“The owner must bear the legal consequences of the damage he causes the tenant by not complying with the law.” In addition, the court has no doubt that this whole situation has caused great stress and many inconveniences, which are considered material and moral Harm to the tenant and difficulties in finding a new apartment of the same cost and size.
Photo from Instagram account rayanhashem_immobilier
Portrait of Rayan Hashem posted on his Instagram profile as a real estate agent.
Rayan Hashem was therefore ordered to pay the renter the sum of US$19,644.31 as the repossession of his home was done in “bad faith”.
The Journal tried to call him this week but the owner claimed he was “too ill”. Our interview request with tenant Sean Psarakos went unanswered.
WHAT THE OWNER HAS TO PAY TO THE RENTER:
- $7500: Amount of punitive damages
- $10,320: Amount for the difference in rent paid between the apartment to which the judgment relates and the apartment in which he currently resides
- $600: Amount representing the difference between the electricity bills paid to the dwelling to which the judgment relates and the dwelling in which he is currently located
- $1,164.41: Amount for investigation costs and court costs
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