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Subhra’s Eviction Ordeal – Part 1

After many delays and a year-long struggle, the stage was set for a January 24, 2023 eviction day for SOLO landlord Subhra at 152 Weber Street East in Kitchener Ontario. My intention was to be there in a supporting role, help to keep the peace and assist in protecting Subhra’s property. Evictions are the convergence of a landlord who wants tenants out, and tenants who refuse to leave. This is a meeting point for stress, anger, confusion, manipulation and distrust. Couple that with the need for repeated police involvement, and this has all the indicators of serious problems. We’ve featured Subhra and his challenges on the blog before.

Our plan was to meet at 9:45 AM on the day. I would be the first to arrive at 9:30, and noticed the Sheriff was already on-site. Once I parked, Subhra had walked in and was talking to the sheriff about the tenants, where they might hide on the property, and going over safety concerns. Snow had started to fall and winds were brisk. Often, we’d scatter into the enclosed porch to take shelter and, for some of us, smoke. The Sheriff’s tone with the tenants appeared to be firm and final. He made it clear that they could take a few belongings, but they had to leave the property. They screamed in protest and moved slowly but complied. One of the final things the Sheriff said was “Come back in an hour and move your property out.”

Possession of the unit was then handed over to Subhra. This was perhaps the largest symbolic victory; he was getting his home back. He now had sole control of the property and thanks to the Sheriff, there’s a document taped to the front door indicating it. This was only the beginning of Subhra’s ordeal, but I made it a point while assessing the inside to congratulate Subhra on this victory.

What we all found when walking into this property for the first time is beyond mere description. The feral conditions this family lived in could only be described as squalid. Garbage bags of property were piled up in the living room all the way to the ceiling, completely blocking the front door. Dishes covered the kitchen counter while food in the fridge smelled like it was in the final stages of decomposition. A single bottle of peanut butter lay at the edge of the sink, half open, existed as a metaphor for how careless this firmly had treated this space. Each room was an escalating horror as one moved through the property. The basement tub was full of vomit that, by the time I had reached this location, I gagged uncontrollably. This first entry was difficult for everyone, but it was important to understand what Subhra was up against for the next three days.

Sometime between 11:30 and 12:00, the tenants returned. Perhaps they were hoping everyone had left so they could access the house. A man about 5’ 8”, looking ragged and thin with a baseball hat and red jacket. He has a workman look and his black unwashed jeans are doing him no favours. Glancing at his hands, it appears he’s not had a proper shower in days. This man, I now know him as Howard, is pacing back and forth with nervous energy. Occasionally he pulls out a cigarette and contemplates lighting it. Maybe he’s pondering the situation he’s in. Does he know this tenancy is over? I want to know why he’d let things get this far, but there’s no time for that. Howard is not angry now. Not yet. This is just starting. He takes his nervous pacing to the end of the driveway.

While this is happening, I’m watching Subhra’s son install a camera on the brick wall facing the main entrance. Subhra is on the phone. Both Howard and I can see the son struggle to drill a hole. Howard comments “That’s not a concrete bit,” then I add, “Do you need a masonry bit? Do you have one?” – it would be the one any only cordial conversation I’d have with Howard during Subhra’s 72-hour ordeal. Things would heat up so much that Howard would face assault charges. More on that later.

As we’re standing outside the unit, I ask Howard, “Are you ready to get your stuff? Did you bring a bag or some boxes?  His response was telling, “We have 72 hours, we’re going to go in and stay there.” To me, this implied the tenants planned again occupy the unit. The tenant was not clear how they’d plan on vacating.

Immediately Subhra calls the police to help protect the property until they could once again clarify with the tenants that they must move out within a basic timeframe. Given that Howard had returned with just a small Jeep, there was no way the belongings would be movable by such a small car. These tense moments were exacerbated by the tenant’s eagerness to frustrate, obviate and delay any forward momentum.

This would lead to a number of truly bizarre events, extreme police involvement and assault charges caught on tape, continue the story in part two.

SOLO Ontario is a non-profit organization fighting for small landlords in Ontario. We are here free of charge to help all small landlords. If you can, please donate to the cause.

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