CTV News Montreal

Updated: Mon Oct. 12 2009 6:10:08 PM

ctvmontreal.ca

Residents in an apartment building on the corner of Girourd Ave. and Sherbrooke St. in Notre-Dame-de-Grace say they've been without a functioning heating system for months, and their landlord refuses to fix the situation.

As temperatures drop, the four remaining tenants out of 35 are in a heated battle with their landlord over his inability to offer them basic rights. Three plan to leave at the end of the month.

The building has become a slum, with an open front door, exposed pipes and wires, dead birds in the fire escape and homeless people squatting in empty apartments.

"This is essentially unlivable," said Rosie Mendes, whose mother, Irma, lives in the building.

While the landlord's lawyer refused to comment to CTV News, tenants' rights advocate Arnold Bennett said the situation is illegal.

"The landlord has an obligation to provide heat, period. It's called an obligation of result... there's no way of getting around it," said Bennett.

Côte-des-Neiges-Notre-Dame-de-Grâce Mayor Michael Applebaum stepped in Monday, telling the landlord his tenants have a right to heating.

"The owner was even saying to me on the telephone... that by Tuesday these four tenants will have electric heating. My city services will go there and send him a registered letter if need be, and oblige him to fix the situation," said Applebaum.

If the owner doesn't concede, the mayor promises the city will step in and fix the heating, and meanwhile will place a lien on the building.

Still, Rosie Mendes isn't convinced her mother should stay in the building.

"I don't feel secure with her being here," she said.

Irma Mendes said if the situation doesn't improve, she's moving out.

Comments are now closed for this story

steven cote
firstly i would like to appreciate and thank ctv for bringing light to this unfortunate situation. the owner/ landlord are simply trying to turn the apartment building unbearable for the tenants who are there so that he can move in new residents for a higher rent. its disgusting that the tenants are being bullied and are afraid of retribution, (therefore refusing to appear on camera). i find it interesting that renovations are being done on vacant apartments while he lets the others (where people are and have been living there for decades) to deteriorate and become inhabitable.

John Doe
Some deeper investigative reporting would have shown that the lawyer “representing” the building owner is none other than Marc Barchichat.

This individual was until recently the owner of 2290 Girouard and has various lawsuits and judgments against him directly related to this building.

One suspects that the building was “sold” to the new owner as a convenient way for Mr. Barchichat to avoid his ongoing legal hassles.

Melodie Cohn-Laval
My friend and I went to visit this apartment building. We found the apartment to be beautiful and the price to rent to be reasonable, but maintenace wasn't very helpful in letting us know if the heating worked, and the application form was illegal. Basically it was written as a lease, asking for very informal questions. My friend and I decided not to rent the apartment because it felt too good to be true 700$ for a huge 4 and a half and the questions on the application form to be odd. When we asked for the landlord's number she refused to give it to us telling us she was out of town. We have sent the application to les Regies. You should have an investigative reporter go there and try to rent an apartment and take a look at the application form. I believe I still have a copy of it, should you wish for me to send it over to you guys at CTV. :)

DonnaThielHuntingdon
Sounds like the bottom line is saving money. Maybe the landlord wants the building torn down so he can erect a costly condo group.

Carol Cote
Slumlords seem to be a dime a dozen. It is now Oct. when exactly does this owner plan on putting in heating? Move into a hotel and let the landlord pay the bill, watch how fast he will fix the problem then. Who would want their mother to be in such a position. It is disgusting!!