A Kensington Market apartment building with a troubled past was put up for sale as empty, despite the fact that several tenants are still living there, and they say they’re being pushed out in the process.
The seven-unit, three-storey walk-up at 38 Kensington Place is being sold for $5 million under a power of sale, according to a listing on Realtor.ca. That’s where the lender takes control after the owner fails to make loan payments.
Griffin Powers said he’s rented a unit there since February, and has a one-year lease, a copy of which he provided to the Star.
But, he said, his locks were changed a couple of weeks ago, along with those on four other units. Because the doors lock automatically when they close, the tenants had to remain at home until they were given keys the next day.
“We had to prop our doors open basically otherwise we would get locked out,” he said.
Powers also said furniture that came with his unit was taken away, along with some of his own belongings.
“They’ve been trying to evict us, basically, for a long time,” he said. “The MO is just to make it as uncomfortable as possible so we’ll leave.”
The original sale ad said the property was vacant, but after the Star made inquiries, that reference was removed from the listing. The sale of a property is not a reason for eviction in Ontario under Residential Tenancy Act.
According to property documents, the lender is Vault Capital Inc., a Toronto-based private mortgage lender.
“We have and continue to work with our property manager to ensure the safety of the occupants,” Vault Capital’s admin team told the Star in an email.
“In regards to the general vacant nature of the building, we were informed by the previous property manager that the building was being operated as an Airbnb.”
Asked about the locks, the admin team added, “only vacant units have been secured to guard against unauthorized people from entering the building.”
Apex Property Management has been working with the lender.
In an emailed statement, Apex said 38 Kensington has “in the past been overrun with transients from the neighbourhood,” and they “took proactive measures in closing areas and units in the building to stop this from continuing.”
The furniture was owned or leased by a rental management company, and they allowed them to retrieve it, the statement added.
Powers said Apex has been intimidating him and other tenants.
One of their representatives is living in the building and recently tried to shut the laundry room door on him and another tenant, he said.
“There are no threats or intimidation being used to evict occupants, at this time we cannot even confirm the occupants are tenants, we have asked that their leases and information be provided, to yet we have not received a response,” their statement added.
Powers said he and other tenants have provided copies of their leases by email.
“Front door unit locks were changed to provide additional safety and security to the units. Keys were distributed to parties that we knew occupied units/ space at the building,” the Apex statement reads.
Powers also said heat and water have been shut off for short periods — Apex and Vault Capital denied this.
The property has been at the heart of debate over the gentrification of the market for years.
In 2016, tenants faced large rent hikes and left their units, several of which then appeared on Airbnb.
The building developed a reputation as a ghost hotel — known for its short-term rental turnover.
It was shut down by the city in late 2017 after inspectors found renovations done without permits.
Tara Boire has been living in the building for 14 years, and said there are about eight people still living there, including herself.
Her own lock was not changed but she said she has faced intimidation from Apex, in the laundry room with Powers, where she said their representative hurt her arm (which Apex denies).
“They’ve signed yearlong leases. These people are legally allowed to be here,” Boire said.
“In fact, it’s the exact opposite of the ghost hotel that was operating.”
