Landlord dismissed in court: a doctor wanted to impose a rent increase of $1,150 per month… or eviction

A judge rejected the housing repossession request of a doctor who tried to evict his tenant, in Montreal, after the latter refused a rent increase of $1,150 per month for his 3 1⁄2.

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“The preponderant evidence shows that the housing repossession is motivated by the tenant’s refusal to accept the rent increase proposed by the landlord,” lamented Judge Erika Aliova, of the Administrative Housing Tribunal (TAL).

In his decision rendered on August 14, we learn that the D^r Hadi Krayem would have tried to get rid of his tenant Déborah Kouale Benime. The latter rents a condo to Mr. Krayem, which was built in 2021, in the heart of the Griffintown district.

The doctor could therefore use the famous “F clause” on his lease, allowing owners of new homes to increase their rent without limits for a period of five years. He first tried to increase the rental price of his condo by increasing it from $1750 to $2900 per month.

“The tenant expresses that this increase is abusive and made with the aim that she leaves her accommodation definitively”, can we read in the judgment.

Anything to kick him out

Déborah Kouale Benime subsequently refused this increase of $1,150. She also notified her landlord that she intended to stay in the condo.

Faced with this reaction, Hadi Krayem immediately began a request for repossession of housing at the TAL.

Before the judge, the doctor explained that he lived in another condo which is located in the same building as his tenant. He explained that he wanted the accommodation of M^me Benime is taken over by his brother, whom he wants to get closer to because of health problems, pleaded the 31-year-old owner.

“The owner has not convinced the Court that he is the main support of his brother, however criticized the judge. In these circumstances, the landlord has not convinced the Court that he really intends to repossess the dwelling for the purposes mentioned.

Note that according to the court document, the D^r Krayem owns at least four properties in Montreal. One of them is a condo rented at $4500 per month on rue Olier and another unit is on rue Peel for rent for the price of $1500 per month.

Read the TAL’s decision regarding D’s housing repossession^r Hadi Krayem in the document below:

Not credible, according to the judge

The Honorable Erika Aliova finally specifies that the doctor “leaves too many uncertainties to dispossess the tenant of her right to remain in her accommodation”.

The Court adds that Déborah Kouale Benime succeeded in casting doubt on the good faith of her landlord and the reasons which motivated her to notify a notice of repossession of housing.

“After deliberations and analysis of the evidence submitted, the repossession of the landlord’s accommodation is refused,” concluded the TAL, which did not have to rule on the rent increase in this judgment.

The newspaper contacted Hadi Krayem for an interview, but he did not respond to our request.