Forged lease document leads to house arrest for P.E.I. landlord - Action News
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PEI

Forged lease document leads to house arrest for P.E.I. landlord

A P.E.I. landlord who altered a lease document while fighting to be allowed to charge a higher rent has been sentenced to 30 days of house arrest.The Island's Residential Rental Association says it believes the case is 'an isolated incident.'

New tenant paid $2,000 in rent for Cornwall duplex unit that used to cost $1,300

The amount of rent charged for this duplex in Cornwall was the subject of a June 2021 ruling from the Island Regulatory and Appeals Commission. (Laura Meader/CBC)

A P.E.I. landlord who altered a lease document while fighting to be allowed to charge a higher rent has been sentenced to 30 days of house arrest.

Linda Ford, 67, pleaded guilty in October to the offence of uttering a forged document.

She will also be on probation for 12 monthsand must pay a $100 victim surcharge.

Ford owns aduplex in Cornwall and wasrenting out one-half of it for $1,300 a month.

When the former tenant left, the new tenant was asked to pay a damage deposit of $1,200 plus a rent of $2,000 a month, starting in December 2020.

The maximum allowable rent increase for 2020 compared to 2019 was 1.3 per cent. For 2021 compared to 2020, it was 1.0 per cent.

When the new tenant found out what the former rent wasthrough the crowd-sourced rental registry My Old Apartment, she challenged it to the Office of the Director of Residential Rental Property.

That office ruled against Ford, but she appealed to the Island Regulatory and Appeals Commission.

A section from the June 28, 2021 ruling from the Island Regulatory and Appeals Commission. (IRAC ruling)

"Upon a review of the testimony of the parties and the evidence presented, includingdocuments filed after the hearing,the Commission finds ... that Ms. Ford has conducted herselfunacceptably and therefore the Commission disregards all of her evidence," the commission said in its decision.

Ford had given the commission her copy of the old lease, which she had changed to include a reference to the rent being "$1,300/$2,000" a month.

As much as we are concerned about the recent event, we believe it is an isolated incident.- Residential Rental Association of P.E.I.

That notation was not included on the former tenant's copy of the lease, which was also given to the commission.

A spokesperson for the commission confirmed its role in the criminal case in a brief statement to CBC on Tuesday.

"While the Commissioners do not comment on their decisions, this was an uncommon occurrence and the Commissioners had sufficient concern to forward the matter on to the authorities who conducted the investigation," the emailed statement said.

Landlords' association condemns offence

In a statement issuedWednesday, the executive director of theResidential Rental Association of P.E.I. said the group "strongly condemns"the landlord's actions in this case.

"While [the association]believes the current regulations prohibiting its members from charging fair market value when properties become vacant go too far, they represent the law as it currently stands," Cecil Villard wrote in the statement.

"As such, they must be followed, and the association urges all landlords to do so."

The statement continued: "At the same time, [the association]asks those who are quick to paint all landlords with the same brush to put things into perspective.There are over 17,500 renters on Prince Edward Island.As much as we are concerned about the recent event, we believe it is an isolated incident."

Darcie Lanthier is a tenant advocate who helped set up the rental registry.

It relies on past tenants disclosing what they paid for their unitsso that new tenants can check to see if the property owner boosted the rent above the allowable amount.

As part of a public awareness campaign, housing advocates printed out My Old Apartment cards with spaces for previous tenants to add the rental address, when they had moved out, and how much rent had cost at that time. The filled-out cards were then left at the address specified for new tenants to check. (Laura Meader/CBC)

"This probably goes on quite a lotand I'm just really glad that this particular landlord was caught," Lanthier said.

"The previous tenant had paid $1,300 on this apartment just last year so that means right now the apartment [rent] could only be one per cent more than that and instead it was rented for $2,000."

As part of the commission process, the tenant received about $1,200 from Ford, consisting of most of her security deposit, $118.49 in incorrectly charged rent, and interest.

With files from Laura Meader