An eviction battle is underway in Calgary between some renters and a property management company after a fire gutted part of the apartment building.
The fire broke out in one of the units of the Albert Park Apartments in the early morning hours of May 28, waking up the residents.
“By 1:05 a.m., the balcony was completely engulfed,” Karis Rinehart told Global News.
“And then it shot right into the building after that.”
Rinehart said the fire was contained quickly and she was able to go back into her unit a few hours later.
However, about a week later, she said the property management company told her and several of her neighbours that they had to leave.
“Tuesday, June 6, 33 apartments got a phone call from their customer relations lady saying we were evicted. We had three days to get out,” Rinehart said she was told.
Rinehart pointed out that a phone call was not a written eviction and therefore wasn’t legal. She also said many units, including hers, were not affected by the fire, smoke or water in any way.
“So why should we be forced out of our homes?” she asked.
Rinehart said she tried to get those answers from Envision Property Management without success.
“Management isn’t communicating with anybody. They’re not being above board,” she said. “They’re just saying, ‘You have three days get out. We don’t care where you go. Call your insurance.’”
Global News also reached out the company and was forwarded a letter sent to residents. The letter was dated June 14, the same day Global News reached out to Envision.
It stated: “Due to the significant damage in the building, 33 units have been asked to vacate their units due to a variety of concerns including direct fire damage, water damage, possible mold concerns, carcinogenic debris, tear out and mitigation efforts.”
The letter also advised that any rent money paid for the month of June would be returned on a prorated basis, and any security deposits owed would be refunded.
Global News asked Envision when residents would be able to come back, but we were told there was not set return date and 80 per cent of the residents had already relocated. It was now working on the others to leave.
Rinehard said she’s just asking for official documentation — from official channels — regarding the building’s problems. She said residents have been getting conflicting reasons for the eviction, including that it was an order from the Calgary Fire Department. However, the fire department told Global News it hasn’t had crews back to the building since the day of the fire.
Global News also reached out to the provincial government to see if the actions taken by the management company are legal.
A spokesperson for Service Alberta and Red Tape Reduction said it can’t respond to specific cases, but processes depend on a number of factors, including the nature of the damage to the building from the fire and if the landlord is dealing with a public health order or building code issue.
However, a ministry spokesperson said: “There is no authority under the Residential Tenancies Act for a landlord to deny a tenant access to their rental home while a tenancy continues or to require the tenant to temporarily vacate the unit.”
“However, if a rental unit is destroyed or damaged to the point where a landlord would not repair the damage or a tenant would not be willing to remain as a tenant, or a public health order declares the unit unfit for human habitation, the tenancy agreement ends with the tenant having to move out.”
There is no also obligation for a landlord to pay for any relocation of tenants in such a case either, Global News was told.
Rinehart said that may be the case, but she’s not leaving until she gets some answers.
“When you come to me and say you’re going to uproot me from my home, you’d better have more than: ‘Because I said so.'”
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