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Tenant may have been ?unlawfully evicted? ? Rent Commissioner

A landlord who locked his tenant out of her apartment may have unlawfully evicted her, according to the Rent Commissioner.

And the tenant, along with her sister, called for a crackdown on landlords who believe they are above the law.

Shaketa Raynor moved in to the studio apartment at Sleepy Hollow last November with her nine-year old son, reaching a verbal agreement with landlord Irving Butterfield that she would have the place for two years.

In May, however, Mr. Butterfield informed Ms Raynor that he wanted her out as he wanted to give the place to his daughter. Ms Raynor also said that for the first time ever she fell behind on her rent after she became unemployed, and owed Mr. Butterfield $500.

On the advice of the Rent Commissioner, Ms Raynor wrote to Mr. Butterfield and he wrote back, informing her the eviction date was July 31.

Rent Commissioner Eugene Foley told her that if she still had nowhere to go by that date, as the apartment was under the Rent Commission Mr. Butterfield would have to initiate court proceedings to evict her.

However, on returning from a trip overseas on Tuesday night, Ms Raynor was shocked to find all her belongings outside the apartment and the locks changed.

?Just because there is no formal, written lease, that does not void anything,? Mr. Foley said on Wednesday. ?It would appear that she has been unlawfully evicted.?

Properties with an assessment value of $16,200 or less come under the Rent Commission, he said, including this property.

That meant that laws are in place to protect the tenant ? even without a lease. Protection is included against rent increases and the tenant?s security and tenure and right to occupy the property. Any changes must be made in accordance with rent control.

?(A landlord) can?t just take control of the property himself, he has to have proper written notice,? Mr. Foley said. If a tenant does not comply with that written notice, the landlord must take them to court to get a magistrate to order an eviction order before the tenant can be evicted.

?A lease is good to have, but not having one is not unlawful ... The problem is enforcing it.?

?I was so upset, I was calm,? Ms Raynor told . ?I couldn?t shed any tears, I couldn?t get frustrated.?

She has moved in to a house-sit with her sister for the time being, but is searching for a place for herself and her son. ?I may not need a telephone, I may not need cable, but my baby needs a roof over his head ...

?These are older people that I?m supposed to look up too, acting worse than most of the 16 and 17 year olds around here.

?Yes, I am partly at fault because I have been unemployed for about three weeks. But he?s never had a problem with rent ... I followed the procedure, I talked to Mr. Foley to find out what I can do.?

Though was unable to speak with Mr. Butterfield, it is understood that he does have certain issues with and complaints about his tenant and her treatment of his property.

Complaint or no, however, Mr. Foley said, as things stand, Ms Raynor could charge her landlord with civil charges of unlawful eviction, or damage and recovery of personal effects.

?Too many landlords do this,? Ms Raynor?s sister said. ?There?s got to be a stop to it.?

Eviction is understandable when there is a real problem with the tenant, she said, but ?when there?s young people who are doing their best ... how can he be allowed to do this?

?Enough is enough, something?s got to be done. And they just thought it was a good joke, they were laughing.

?This is your own people ... Bermudian on Bermudian, black on black. And they wonder why young people these days go off their heads, it?s because of things like this. Especially when you are doing your best. It makes you think, what?s the point in trying?

?An example has to be made ... Because when the next tenant comes around, he?s just going to do the same thing.?