A tenant who allegedly assaulted and robbed a realtor who was trying to help evict her is still living in a central Hamilton apartment, despite efforts by the landlord to get her out.
While Hamilton police have charged the tenant and her friend in connection to the alleged attack, the landlord says the incident highlights a lack of recourse for property owners who may be dealing with problematic tenants.
Landlord Shauna Switzer told The Spectator that it all began when she rented out one of three units inside her Wentworth Street North house to a new tenant on Aug. 1.
The rental property — a detached red-brick home in the central lower city that has been divided into three rental units — had long been on the market, and the new tenant knew the house was for sale and showings would need to happen, said Switzer.
The new tenant had her mother co-sign the lease, while the first and last rent — $4,300 total — was paid when she moved in.
But just days after the new tenant moved in, Switzer says problems began at the property.
Switzer said the neighbouring tenants were complaining about the smell of dog feces and urine, as well as the near-constant barking from canines.
And, with the property on the market, Switzer said she’d asked her real-estate agent Ron Tomblin to co-ordinate with the tenant to have the apartment ready to show to prospective buyers.
Tomblin told The Spectator the tenant had sent him the code for an electronic lock to get into the apartment, but there was a misunderstanding when he went inside the unit.
That led to an argument with the tenant and her boyfriend.
While Tomblin was in the unit, he says he found it was full of garbage, with dog feces and urine all over the floors.
“It looked terrible,” said Tomblin. “We couldn’t show it like that.”
When he told Switzer, they decided the tenancy “wasn’t working” and decided to offer the tenant their first and last month’s rent back if she signed a release form to end her lease.
Tomblin said he arranged to meet the tenant outside a restaurant on Main Street East on Aug. 10 so she could sign the paperwork and hand over the keys.
Before arriving, Tomblin stopped at the bank to take out the cash — $4,300 — to give to the tenant once the form was signed.
Tomblin said the tenant showed up to the meeting with a friend, but she refused to sign the paperwork despite him showing her that he had the cash ready to go. He put it back in his pocket and started packing up his paperwork to leave.
That was when things took a turn.
Tomblin said as he tried to get back into his car, the friend got in the way, using her hip to shut the door as he opened it.
“I looked to the tenant and said ‘Your friend is out of line here,’” he said, just moments before the friend once again hit the car door closed with her hip as Tomblin attempted to open it and get in.
Tomblin said he then told the friend to “go away,” physically pushing her out of the way as she was still up against his car door.
Suddenly, Tomblin said the friend “whacked” him in the face with what he believed was a large, black metal flashlight. A struggle ensued, as Tomblin tried to avoid being hit again.
Tomblin alleged that, while that was happening, the tenant stole the $4,300 out of his pocket and started to walk away. The struggle between Tomblin and the tenant’s friend continued before it was broken up by a passerby.
“I had this big welt on my face and there was blood running down my neck,” he said. “I immediately called 911 and told them that I’d been assaulted and robbed.”
Tomblin said police arrived and he gave his statement to officers, however, the tenant and her friend had already fled.
Hamilton police spokesperson Jackie Penman confirmed to The Spectator that police responded to a dispute over the termination of a lease.
Penman said the pair was later arrested and charged in connection to the incident, with one being charged with mischief under $5,000 and robbery, while the other is facing robbery charges.
Both were released on an undertaking, Penman added.
Despite the incident, Tomblin said Switzer once again tried to negotiate with the tenant to have her move out, but instead, he says the tenant changed some of the locks on the building so no one could get in. She also hadn’t paid any rent.
The tenant also allegedly damaged the thermostat, meaning the building was without air conditioning for two weeks as Switzer was unable to get a repair person in.
Word of the incident eventually got to other tenants who raised concerns about their safety living in the building, added Switzer.
“It’s been three weeks of absolute mayhem,” said Tomblin.
As of Thursday, Switzer said the tenant was still living in the unit, despite the theft of the rent money and alleged assault on Tomblin.
Switzer told The Spectator she had served the tenant with an N7, which is a notice to end a tenancy on the basis that a renter is causing serious problems in a unit.
And on Wednesday, Switzer said she filed an L2 application to end the tenancy and evict the tenant. She also requested an expedited hearing at the Landlord and Tenant Board (LTB).
But even when a hearing happens, the tenant could appeal any decision that is made.
The situation at Switzer’s rental property comes as the LTB continues to struggle with a massive backlog of applications from across the province.
In late June, the LTB attributed hearing delays to the volume and complexity of cases in a statement to The Spectator.
While the LTB resolved roughly 83,000 cases in 2023 — up 45 per cent from 2022 — its backlog remains significant thanks to the staggering 84,000 new applications filed last year.
A spokesperson told The Spectator that was the second-highest number of applications the board had received since it was created, adding that applications have also become more complex, therefore requiring more time to hear.
The board projected to schedule more than 100,000 hearings by the end of the year. The spokesperson noted that “urgent matter hearings” were being held within an average of five to six weeks compared to eight weeks or more in early 2023.
“There is very little I can do,” said Switzer. “She’s squatting there.”
Switzer said the situation highlights the need for the province to introduce emergency measures for landlords dealing with problematic tenants.
The Spectator recently reported on another landlord-tenant issue at an East Hamilton townhouse. Late last year, Ayesha Asghar sold her Mississauga home and bought a townhome on Ellis Avenue.
The property had tenants when Asghar purchased it, however, the renters were served with an N12, which is a notice to end a tenancy so the owner can move into the home.
But the tenants refused to move, and stopped paying rent and utilities, leaving Asghar out thousands of dollars and forcing her to couch surf with friends and sleep in her car.
Asghar was eventually granted an expedited hearing at the LTB, which saw her waive thousands of dollars worth of rent arrears in exchange for the tenants to leave the home in September.
Back on Wentworth, Switzer and Tomblin are hopeful the situation with the tenant will work itself out through negotiations, as she has shown some remorse for the assault and theft.
“I’ve never had anything like this happen,” said Switzer, who has been a landlord for nearly a decade. “I have no emergency recourse … and my hands are tied.”
