Two tenants win the right to keep living in the infamous hotel
Danielle Mario, The StarPhoenixPublished: Friday, April 04, 2008
Two tenants of the Barry Hotel have won the right to stay a few more weeks in their rooms after proving to the Office of the Rentalsman their evictions were unlawful.
Iskender Akdogan and Gerald Little were given the right to return to their rooms, where they are allowed to stay until at least May 31. Their eviction notices were ruled "invalid and unenforceable."
Akdogan said at a Thursday hearing the first notice of eviction was slipped under his door at 1 a.m. on March 2 -- handwritten on Barry Motor Hotel stationary. It indicated the Barry would be permanently closed April 1, and tenants would "be required to find other accommodations to live as of March 31."
Gerry Little is one of two tenants at the Barry Hotel who are allowed to stay past their March 31 eviction notice.
In the late morning on March 3, a second note was slipped under the men's door, ordering tenants to "disregard the letter that was issued on March 1." This note said "tenants . . . will be giving advance notice if you will be required to move from the Barry Hotel."
A third note was slipped under the door on March 6 indicating the first notice would be upheld. The third note was unsigned and was not stamped by staff.
Little, who lives in Room 226, was awarded $575 in damages and quickly duct-taped a handwritten notice on his door indicating he had a court order allowing him to stay. Akdogan, upstairs in Room 331, was awarded $2,500 for "aggravated damages" as well as the right to return to his room.
"I was so humiliated," said Akdogan, who came home to the Barry from a hearing on Tuesday to find the locks were changed on his room.
"I was forced to live on the streets even though they were the ones breaking the law."
Akdogan was tearful when he received notice he would be allowed to return to his room, and said that he "has never won anything in his life.
"After spending a couple nights on the street, the Barry is going to feel like the Hilton."
Akdogan chose to fight the eviction because he could "not act based on such a lousy act and lousy piece of paper!"
Little, wandering around the building as the hotel bar entertained its last crowd, talked to former tenants who came by the hotel to say goodbye.
He said the experience "hasn't been all that easy.
"I'm staying here until they show me another court document telling me I have to leave. That, or, I say, 'Let's make a deal.'
"I just feel bad for the ones that didn't get the change because they didn't know they could get a hearing or because they felt they were bullied out," he said.
Nelson Trottier, who lived in Room 315, said he came back to congratulate Little on "sticking right through it all.
"I was going to do the same thing, but I was just tired of them playing games with us," he said.
Shoshana Goldstein, the current owner of the Barry, did not answer the door at her home. A sign on her lawn indicates her house is for sale.
Akdogan and Kelly Kehoe -- a real estate agent representing the new owner, Dr. Tom Maltman -- were at Thursday's hearing.
Kehoe indicated the sales agreement with Goldstein -- who was not represented -- indicated the keys should be handed over on Friday. He said the contract for the new ownership was signed on Feb. 29.Two tenants win the right to keep living in the infamous hotel
Danielle Mario, The StarPhoenixPublished: Friday, April 04, 2008
Kehoe said Thursday he was unaware Little was also given the right to return to his room, adding he and Dr. Maltman made a deal for vacant possession.
"Our plan is to knock that building down and put something up that the neighbourhood can be proud of," he said. "Hopefully the vendor comes to her senses tomorrow and gets this figured out."
Andrea Jorde, the deputy director at the Office of the Residential Tenancies, said once Maltman receives the keys he will be responsible for giving notices of eviction to Little and Akdogan.
"If proper eviction notice is given, then the soonest they will be able to evict the tenants will be May 31," said Jorde.
According to The Residential Tenancies Act, 2006, a landlord is required to give one calendar month's notice before evicting a tenant. Therefore, if Maltman serves eviction notices before April 30, the earliest the tenants can be legally forced to leave is the end of May.
"They wanted us out by April Fools, but I guess they got their April Fools ."
Danielle Mario, The StarPhoenixPublished: Friday, April 04, 2008
Two tenants of the Barry Hotel have won the right to stay a few more weeks in their rooms after proving to the Office of the Rentalsman their evictions were unlawful.
Iskender Akdogan and Gerald Little were given the right to return to their rooms, where they are allowed to stay until at least May 31. Their eviction notices were ruled "invalid and unenforceable."
Akdogan said at a Thursday hearing the first notice of eviction was slipped under his door at 1 a.m. on March 2 -- handwritten on Barry Motor Hotel stationary. It indicated the Barry would be permanently closed April 1, and tenants would "be required to find other accommodations to live as of March 31."
Gerry Little is one of two tenants at the Barry Hotel who are allowed to stay past their March 31 eviction notice.
In the late morning on March 3, a second note was slipped under the men's door, ordering tenants to "disregard the letter that was issued on March 1." This note said "tenants . . . will be giving advance notice if you will be required to move from the Barry Hotel."
A third note was slipped under the door on March 6 indicating the first notice would be upheld. The third note was unsigned and was not stamped by staff.
Little, who lives in Room 226, was awarded $575 in damages and quickly duct-taped a handwritten notice on his door indicating he had a court order allowing him to stay. Akdogan, upstairs in Room 331, was awarded $2,500 for "aggravated damages" as well as the right to return to his room.
"I was so humiliated," said Akdogan, who came home to the Barry from a hearing on Tuesday to find the locks were changed on his room.
"I was forced to live on the streets even though they were the ones breaking the law."
Akdogan was tearful when he received notice he would be allowed to return to his room, and said that he "has never won anything in his life.
"After spending a couple nights on the street, the Barry is going to feel like the Hilton."
Akdogan chose to fight the eviction because he could "not act based on such a lousy act and lousy piece of paper!"
Little, wandering around the building as the hotel bar entertained its last crowd, talked to former tenants who came by the hotel to say goodbye.
He said the experience "hasn't been all that easy.
"I'm staying here until they show me another court document telling me I have to leave. That, or, I say, 'Let's make a deal.'
"I just feel bad for the ones that didn't get the change because they didn't know they could get a hearing or because they felt they were bullied out," he said.
Nelson Trottier, who lived in Room 315, said he came back to congratulate Little on "sticking right through it all.
"I was going to do the same thing, but I was just tired of them playing games with us," he said.
Shoshana Goldstein, the current owner of the Barry, did not answer the door at her home. A sign on her lawn indicates her house is for sale.
Akdogan and Kelly Kehoe -- a real estate agent representing the new owner, Dr. Tom Maltman -- were at Thursday's hearing.
Kehoe indicated the sales agreement with Goldstein -- who was not represented -- indicated the keys should be handed over on Friday. He said the contract for the new ownership was signed on Feb. 29.Two tenants win the right to keep living in the infamous hotel
Danielle Mario, The StarPhoenixPublished: Friday, April 04, 2008
Kehoe said Thursday he was unaware Little was also given the right to return to his room, adding he and Dr. Maltman made a deal for vacant possession.
"Our plan is to knock that building down and put something up that the neighbourhood can be proud of," he said. "Hopefully the vendor comes to her senses tomorrow and gets this figured out."
Andrea Jorde, the deputy director at the Office of the Residential Tenancies, said once Maltman receives the keys he will be responsible for giving notices of eviction to Little and Akdogan.
"If proper eviction notice is given, then the soonest they will be able to evict the tenants will be May 31," said Jorde.
According to The Residential Tenancies Act, 2006, a landlord is required to give one calendar month's notice before evicting a tenant. Therefore, if Maltman serves eviction notices before April 30, the earliest the tenants can be legally forced to leave is the end of May.
"They wanted us out by April Fools, but I guess they got their April Fools ."
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