A tenant in New Brunswick claims he is facing eviction from his rented bungalow as a form of retaliation for raising concerns about his landlord. Conversely, the landlord contends that a ruling by the tenancy tribunal is preventing her from using the unit to accommodate family members.
Jonathan King and his landlord, Ashmin Goolab, have been entangled in a year-long conflict involving a notice of a 65% rent increase, an unsuccessful eviction bid, and assertions that the unit is required for Goolab’s mother-in-law.
King, residing in Chipman, alleges that Goolab is attempting to oust him and his wife from their reasonably priced bungalow to skirt around New Brunswick’s rent limit and in retribution for a complaint he lodged about receiving improper notice to amend their lease.
Goolab explains that she and her family are at the mercy of the tribunal decision and unfortunate timing regarding their plans to relocate with her husband and mother-in-law from Ontario to a property they acquired in 2024.
The property in question, a two-bedroom bungalow where King has resided since August 2020 after moving from the United States, along with three other structures comprising seven units, was sold in August 2024.
Following the sale, King received a letter in the same month providing 60 days’ notice that the lease would be modified to exclude electricity expenses. Subsequently, he and his neighbors were informed of rent hikes, with his rent set to surge to $1,200 per month from $727 the following March.
Challenging both notices with the Tenant and Landlord Relations Office, King learned in November that the lease modification notice was invalid due to the requirement of a 90-day notice. Moreover, he received a lease termination notification in November, citing the landlord or immediate family’s intent to occupy the premises.
Despite these developments, King managed to overturn the rent increase notice in January and the lease termination notice in February, with the office deeming it retaliatory.
While Goolab and her husband were in pursuit of property in New Brunswick, aiming to accommodate her mother-in-law following her father-in-law’s passing, they procured a property in Chipman comprising two bungalows, a duplex, and a triplex for $295,000.
Their plan was to have her mother-in-law reside in one bungalow, with Goolab and her husband in the other, alongside additional income units for retirement. Goolab expressed feeling overwhelmed by the situation, emphasizing their legal right to utilize the property for personal use.
King, although sympathetic to Goolab’s circumstances, remains doubtful of her narrative. He underscores how landlords could exploit loopholes in rent regulations, such as turnover in units, to bypass rent caps. Additionally, he advocates for addressing these loopholes to ensure tenant protection.
At present, there is no automated system in place for the Tenant and Landlord Relations Office to flag illegal notices, necessitating tenants to lodge complaints. King and his involvement with ACORN underscore the importance of rectifying these issues to safeguard tenants’ rights.