Tenants of a Little India semi-detached house are accusing their landlord of trying to evict them by passing off a prospective renter as her girlfriend, saying they planned to move into the unit together, the Landlord and Tenant Board heard Wednesday. 

The landlord disputed the claims, saying she did intend to move into the unit with the new renter, and that they became fast friends after their initial meeting — with the new renter signing written messages as “gf” (girlfriend) and with “massive hugs.” 

Though the landlord withdrew the N12 personal-use eviction notice in June, the tenants — with the prospective renter testifying on their behalf — pushed forward with the hearing Wednesday and are asking the board to rule the eviction attempt in bad faith and levy a fine against the landlord. 

Litigation paralegal Bradley Truax, who advised the tenants in the case, said he’ll be asking the board to slap the landlord with a maximum penalty of $25,000 for harassment towards tenants and preventing them from having a reasonable enjoyment of their place. 

Tenants Lucy Kohlhepp and her boyfriend, Robert Chapman, have been renting the two-bedroom house near Gerrard St. E. and Greenwood Ave.  since April 2018 for $2,300.  They told the board they received an email in early March from the landlord saying their lease would not be renewed and they had to move out. 

They said the landlord then proposed raising the rent by $150, saying it was for hydro.  They rejected that proposal, as hydro costs were included in their rent. 

In back-and-forth emails over the next month, the tenants explained they had the right to move to a month-to-month lease, according to the Residential Tenancies Act. 

Toward the end of March, Krista Baker told her tenants she wanted to move into the house with her “girlfriend,” according to testimonies and email documents presented to the board, and served the couple the N12, a notice to end tenancy because the landlord or their immediate family member is going to live in the property. 

However, the new renter told the hearing she hadn’t met Baker before going to view the house. 

Vivien de Boerr said she first contacted Baker in March after seeing a posting for a house for rent on Kijiji.  She and Baker started emailing and arranged a time to go visit the house. 

She had planned to live in the two-bedroom home with her sister, but on the viewing day de Boerr said Baker told her that instead of the sisters living in the home alone, Baker would also be moving in and they would live there as roommates.  She said Baker asked her to act as though they had known each other for a long time. 

“She asked me to be her girlfriend.  It became really convoluted for me,” she told the hearing. 

De Boerr, who works as a massage therapist, said she agreed to play along as she and her sister were in a bad situation where they were living, and needed to move quickly.  De Boerr said the two continued on with a friendly chatter for a while after the visit. 

But in late May, de Boerr told the board, Baker told her there was a court hearing scheduled for August about the house, and she decided to jump ship — partly because she and her sister couldn’t wait to move until September or October. 

De Boerr said she received an “angry” message from Baker, telling her she was “unstable.”  She said that message made her feel “uncomfortable and intimidated.”  She then decided to contact the current tenants, and last week accepted to testify on their behalf. 

Baker told the hearing that she did intend to move into the house, but needed the financial support of a roommate after she had lost her job the previous fall. 

Baker said she was ignorant of the law and thought she could evict current tenants after their one-year lease. 

She admitted the idea to move into her house with this “girlfriend” came to her after she tried and failed to increase the rent for the current tenants. 

“I thought (de Boerr) was an angel.  It looked like she really wanted to help me,” Baker said. 

She said de Boerr sometimes referred to her in written messages as “roomie” and “gf” (girlfriend), and would end emails with words like “hugs” and “massive hugs.” 

De Boerr justified this at the hearing by saying, “I’m a massage therapist.  I’m a very supportive person.  This is my vernacular.  I can’t do emojis on email.” 

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Baker said de Boerr sent her a $500 e-transfer, which she later returned, to help Baker after she said she was cash-strapped and was “eating dog s---” — a transaction both Baker and de Boerr confirmed. 

Tenants’ representatives now have until Sept. 16 to file written submissions, and the landlord’s legal representatives to respond in the following 10 days. 

Aug. 30, 2019: Correction — This story has been updated from a previously published version to restore landlord Krista Baker’s first name.