Windsor renter says demolished garage has led to people dumping trash, stealing from her yard

A Windsor tenant has been caught in a months-long struggle to get afenced backyard and secure storage back after her landlords demolished her alleyway garage.

Earlier this year, Jessica Butler's landlords notified her that the garage she was renting would be destroyed by June, as they were looking to convert it into an additional dwelling unit (ADU) or tiny home. Butler has been renting the Walkerville home since May 2021, and she paid extra to rent the garage.

Since thegarage was removed this past May, Butler'sfence has been left with a hole her yard now opens onto the alleyway. With two young childrenand a dog, Butler said her family hasn't been able to use the space anymore.

"Me and my kids no longer have a safe place to play," she said.

"Since the demolitionhappened, we've had multiple items stolen from our backyard ... there's garbage constantly being thrown in our backyard."

Items stolen from Butler's backyard include her kids' wagon, their bikes, a power-washer and fishing rods. Rocks, an exposed wire and a tree have all been left in the garage's place.

WATCH: Butler talks about what's been stolen from her yard

Jessica Butler says not having a fence has led people to steal from her yard

2 years ago

Duration 0:45

Butler's yard has been without a fence for about six months. She says this has impacted the way her family is able to use their backyard.

On top of this, she said that her belongings from the garage were placed into storagebut that defaulted storage unit payments have prevented her from being able to access her things, such as her Christmas decorations, camping gear and some of her kids'toys.

Butler said the storage unit told her she'd have to pay some of the outstanding fee, about $600 to $700, to access her belongings.

It was only after CBC News spoke with Butler's property management company,MARDA Management, that it said itwould make sure the storage unit invoice was paid and that it would work with the property owners to secure temporary fencing for Butler.

The demolition company that came to take down the garage and store her belongings, according to Butler, is called Jones Demolition. She was previously in touch with the contractorbut said that since the payments defaulted on the storage unit, she hasn't been able to reach the person.

CBC News reached out to the number Butler provided, but the line was no longer in service.

CBC News also reached out to Jones Group Ltd., an Amherstburg, Ont.-baseddemolition company. It said that it has heard there is someone who uses the company nameJones Demolition andthat the person has affiliatedthemselves with their company.

They said this person has never worked for them and thatthey have issued a cease and desist letter.

'Not much they can do about it'

Butler told CBC News that she's been callingand emailing her property management company, MARDAManagement Inc., for months but nothing has been resolved. She said she doesn't have the direct contact information of the owners and that MARDA will not give her that information.

"I have brought up all of my concerns to MARDA Management ... essentially they said that the owners live in Toronto and there's not much they could do about it," she said.

MARDA Management CEO Marla Coffin told CBC News she has seen the emails between Butler and the company, but she couldn't say when the company first learned of Butler's issues.

"We have committed to the resident on behalf of the property owner at his direction to ensure that [the storage unit bill] gets paid appropriately. We are intervening at this point to assist with that so that she has whatever she needs with respect to her storage space," Coffin said.

MARDA told CBC News the company is in regular contact with Butler and is working to find a solution.

"It is really tough when we're a little bit of the middle man essentially. We will advocate on behalf of the tenant or the owner based on the circumstance ... we will do what is required to come to terms with this tenant and ensure she has what she needs," Coffin said.

But as of Monday evening, Butler said she has yet to hear any promises from MARDA to give her access to her belongings.

Lawyer Dania Majid,with the Advocacy Centre for Tenants Ontario, told CBC News that it's up to MARDA Management, since it's hired on behalf of the owner, to take control of the situation.

"The rights and responsibilities of a landlord extend to their agents," Majid said.

"The property management company shouldn't be punting the decisions or the responsibility to the landlord, they are the landlord's agent.... At the end of the day they are the point person, they've been placed as the contact person for the tenant, and they are on the hook as much as the landlord is. It's really for the landlord and property managers to sort it out themselves."

ButCoffin said MARDA cannot spend the owner's money without their permission.

Majid also said that in this situation, the tenant could file an application with Ontario'sLandlord and Tenant Board (LTB). She recommended filing a T2, which addresses the landlord interfering with the tenant's ability to enjoy the property, and a T6, which is about repairs or maintenance of the property.

Through these applications, Butler could look to get financial compensation or request that the LTBissue certain orders to the landlord.

Majidsaidthis is a complicated situation, so it's not guaranteed the LTB will side with Butler and thatit could depend on whether the garage was included in the lease.

Owners waiting on tiny home permits

As of now, MARDA said the owners are waiting to get permits from the City of Windsor to build an ADU.

While Butler just wants to have a secure yard and her belongings back, she also said she's not too fond of possibly having people living directly behind her.

"I don't think that I would feel safe with someone living literally in my backyard," she said.

"I would just want to make sure that the people that potentially could be living there are going to be decent people and not going to trash their area of living."

Majid said that if the garage is outlined in the lease, Butler could have a case against the space being turned into a tiny home.

But either way, she said that if this goes against Butler's initial expectations of the property, she could argue that this lowers the value of the rent.