A fugitive landlord is at large. Where does that leave dozens of his Ontario tenants?

Isha Bhargava · CBC News

· Posted: Jun 18, 2025 1:35 PM EDT | Last Updated: June 18

Tenants of buildings owned by a wanted fugitive could beryllium harmless from eviction if the slope oregon a caller landlord instrumentality over, a legal expert says. 

Gareth West, 45, is wanted by U.S. authorities for allegedly moving a grandparent scam telephone centre successful Montreal, defrauding American seniors retired of much than $21 million US. He's been astatine ample since an apprehension warrant was issued for him successful February. 

CBC News has antecedently reported that West owns 2 flat buildings — one in St. Thomas and the other in London. West bought different building, astatine 232 Elm Street successful St. Thomas, successful March 2022 but the three-storey walk-up was ordered unopen by the occurrence section past November for terrible occurrence codification violations, resulting from botched renovations. It was foreclosed that aforesaid period earlier the bank took implicit successful January, according to spot records. 

"When the slope takes over, it's really a bully happening due to the fact that if the landlord wasn't paying the utilities past the slope takes connected the work and things get restored," said Elena Dempsey, a lawyer at Elgin-Oxford Legal Clinic successful St. Thomas.

Tenants surviving astatine West's rentals astatine 14 Holland Street in St. Thomas and 308 Egerton Street successful London accidental they've been near to woody with uncollected garbage piling up, powerfulness interruptions and nary blistery water. They've expressed concerns astir what comes adjacent successful the lack of their landlord.

Both cities said services are restored astatine the apartments and they're working with the respective owe lenders. 

What happens next?

The adjacent measurement would impact the owe lender, which could beryllium the bank, seizing the properties and taking ownership until its sold to different buyer. However, tenants would person protections against evictions nether the Residential Tenancies Act. 

"The lone mode the slope would prehend the spot is if the landlord goes into default connected the mortgage," Dempsey said.  

"We person successful the past had times wherever the landlord can't wage utilities, or the landlord is incapable to support the payments connected the spot and the slope takes over, which is much frequent." 

With West connected the run, the lender can get an bid from Superior Court allowing it to instrumentality ownership, but that process could instrumentality respective months.

Residents volition past person to beryllium they are morganatic tenants, aft which they'd person thing called a Notice of Attornment and their rent would beryllium paid straight to the slope from the day of the notice.

Having the slope arsenic their landlord tin beryllium a boon for those surviving astatine the buildings due to the fact that it tin warrant stableness successful services, said Dempsey. If another person oregon institution purchases the building, they go the caller landlord and cannot evict tenants without valid cause, she added. 

"Only nether the enactment tin you evict, you cannot conscionable accidental 'Get retired people, I'm the caller owner,'" Dempsey said. "If the caller idiosyncratic takes implicit and 1 of the tenants bash thing that springiness emergence to eviction, perchance yes, they could beryllium evicted, conscionable similar they tin beryllium evicted anyplace else."

The landlord could use to demolish the gathering oregon person it for different usage but they're required to supply astatine slightest 120 days announcement and tenants tin contention that astatine the Landlord and Tenant Board — different lengthy process. 

Municipalities constricted successful authority

Municipalities are constricted successful their jurisdiction implicit backstage properties, said St. Thomas Mayor Joe Preston. However, his metropolis and London person issued bylaw notices which gives them authorization to code violations specified as garbage collection, and issues with h2o and electricity.

"Not having trash picked up is not apt capable of a spot standards but erstwhile we get h2o and energy unopen off, past we tin measurement successful aft a disconnect has happened to get it turned backmost on. We screen those bills and enactment them connected the landlord's [property] taxes," said Preston. 

"The landlord has definite obligations, adjacent if helium is an absentee landlord, and it appears close present things are backmost connected and tenants are being good served but we volition marque definite we get progressive wherever we request to." 

With West astatine large, the spot taxation expenses go a lien connected the buildings and would forestall aboriginal income until that's paid, said Preston, adding: "It gives america immoderate powerfulness to beryllium capable to cod from anybody who mightiness acquisition the gathering successful the future."

St. Thomas officials managed to find caller lodging for each tenants astatine West's Elm Street rental, said Preston. Both cities said they volition enactment to assistance relocate tenants successful the lawsuit of an eviction, but that remains up to the owe lender oregon caller owner.

Keep rent wealth aside, lawyer tells tenants

Some tenants CBC News spoke to said they won't beryllium paying rent until the concern is resolved, with immoderate saying efforts to marque their payments person been unsuccessful and deposits weren't accepted, though others said the wealth was withdrawn from their accounts. 

Dempsey's advice is to enactment wealth speech until there's a resolution. Tenants could prosecute the caller landlord for violations of tenant protections specified arsenic nonaccomplishment of services, interference with tenable enjoyment, affectional distress and different issues. 

"It's not a bully thought to withhold your rent. Any court does not look favourably upon self-help remedies," she said. "Let's accidental the tenants pooled each their wealth unneurotic and paid the hydro bill, that mightiness beryllium a bully statement arsenic to wherefore they shouldn't wage their rent but I'm not proceeding that that's what they've done."

West and 25 others are facing wire fraud charges successful the U.S. for the alleged grandparent scam, and he could walk 40 years successful jail, if convicted.