Westview Heights apartment residents paying out of pocket to survive bitterly cold temperatures

CALGARY -

Hundreds of residents at a downtown apartment are now facing the possibility of homelessness as their landlord is no longer footing the bill for them to stay in hotel rooms.

Multiple pipe bursts at the 41-storey Westview Heights Apartments building on Eighth Avenue S.W. have left all 297 units without heat, electricity for much of late December.

Water flooded the stairs and multiple floors, and with heat not working correctly, it didn't take long for ice to form, coating parts of the buildings' interior.

Residents were sent to nearby hotels paid for by property management company, Mayflower Ventures for a total of three days, but now tenants say they’re forced to pay for themselves or go to a homeless shelter.

“I basically have paid $600 in the past 48 hours just for places to stay, that doesn't include any food or any of my regular expenses,” said Laura Montague, an 18-year-old student who is currently paying out of pocket to stay at a hotel.

“I've been pretty distraught for the past couple days, it’s hard to keep together. I've tried to get support from Alberta emergency benefits, but I don’t meet the requirements of being married or having children so I was told to go to a shelter.”

Funds are running dry for many tenants of the building including Steve Schutte who has had to ask family members and friends for extra cash just to get by.

"I've had no power, no water, I’ve just sat in the dark, freezing for days and days and days," he said.

"You finally get some little life and then all of a sudden you're evicted and I'm now $1,300 in debt, just to my family over the last week of paying for hotels."

Mayflower Ventures did not respond to media requests from CTV News, but a memo obtained from tenants on Dec. 29, says a timeline for moving back into the building is still tentative for next week.

"The nearest tentative date we are looking at is Jan. 10, 2022," read the memo.

"Please understand that this is subject to change. The one thing we can assure you of is that we are all working as hard as we possibly can to get you back into your homes."

Mayflower Ventures added a phone number available to tenants who qualify for emergency benefits, but not everyone is eligible and living situations are scarce for those without options.

The building’s four systems are currently being worked on (power, fire safety, elevators, and mechanical), but freezing temperatures have led to several setbacks in repairs.

Westview Heights tenant Adam Bremner told CTV News that he saw people still inside the building and was worried for their safety.

"There are still people residing in the building right now who are unable to get out still due to medical issues even with Calgary Fire Department or EMS assistance," he said.

"They won’t be able to leave until the elevators are working again at the earliest."

'TENANTS' ABILITY TO COLLECT DAMAGES MAY BE LIMITED': LAWYER

Head of the counseling and litigation department with Kahane Law, Chadwick Newcombe, says there are several factors for tenants to consider when they have been placed in a situation where pipes have burst and living conditions are uninhabitable.

Newcombe says most leases themselves deal with damages or things that happen when premises become uninhabitable, but the Residential Tenancy Act overrides anything mentioned in a lease.

"For example, a landlord must provide a habitable premises and if they're not able to do that, then the Act does provide some remedies in terms of an action or an application for damages," he said.

"A declaration that the contracts have been frustrated, you know, may even in some circumstances give the tenants the ability to say we're going to consider this fixed term tenancy now at an end and live somewhere else."

At the same time, if the tenant has insurance and their insurance company is covering their expenses, the tenant’s ability to collect damages from the landlord may be limited as a result of any amounts paid by the insurer.

"For example, if they are out of pocket $1,000 and the insurance company pays them $750 towards their damages, they may only be able to get the $250 that was left," Newcombe added.

"And their insurer may have a claim against the landlord for the $750 that the insurer paid to the tenant."

CTV News also reached out to Service Alberta for further clarity on the issue.

In a statement, communications directors Jennifer Mitok, says:

"In Alberta, The Residential Tenancies Act does not set out any provisions respecting emergency situations. Tenants are first advised to review their lease agreements to determine if there are any provisions for emergency situations such as this."

"Landlords may have some coverage under their insurance agreement for tenant housing costs in an emergency. Tenant insurance may also include coverage for temporary accommodation in cases of an emergency like this."

LOCAL MOSQUE HELPS RESIDENTS IN NEED

The Green Dome Mosque at 4616 80 Avenue N.E. is providing warm clothes, food, and a place for Calgarians to stay warm during the extreme cold conditions.

Malik Ashraf, who volunteers at the mosque, says residents of Westview Heights Apartments will be welcomed with open arms.

"The purpose of life here is to give back to society," he said.

"We want to at least do whatever we can to help those in need, who don’t have food or accommodations. We have a foodbank right now and over 100 families are coming every month, taking an entire month’s groceries, so if anybody needs help, please come to us."

Volunteers with the mosque have also been sending food to the Sandman and the Ramada hotels in downtown Calgary where dozens of Westview Heights Apartments residents are currently staying.