Unwary tenants move into apartments rented out by squatter
Christian Valentin, right, and his friend stand next to 31 Grand Street. (Photo by Hiral Dutia)
By Hiral Dutia
Worcester Polytechnic Institute
When Louis Valentin moved into a new apartment at 31 Grand Street last year, it seemed as if the new home was the answer to his troubles. Little did he know it was just the beginning.
The 31-year-old was forced to relocate from his Wyman Street apartment nine months ago after he says he was late on his rent. He needed a new apartment quickly and although the building at 31 Grand had some serious issues, the new landlord told Valentin he could move in right away. It was a first floor apartment, which Valentin needs to take care of his ailing 83-year-old father, Rafael.
Approximately one month ago, Valentin came home to find the following notice on his front door: “Please be advised that the bank has become the owner of the premises by virtue of a short sale or foreclosure sale.”
The bank was taking possession of the property, Valentin and the other tenants of the building were going to have to move and – perhaps more shockingly – the man who had been posing as the landlord was not the owner of the building and appears to have had no lawful connection with it.
The 31 Grand Street property was last sold to Joseph and Elvera Lockhart in April 2005 for $276,000. They appear to have vacated the property months ago after they were unable to afford their mortgage payments.
According to the Main South Community Development Corporation, a non-profit organization composed of neighborhood residents dedicated to improving the quality of life in the Main South area, that’s when an unidentified individual moved into the property, renovated it enough to make it somewhat livable, wired it illegally and leased it out to unwary tenants.
The house was built in 1890, and is currently in precarious conditions. The porches at the back of the apartment complex are deteriorated to the point of falling off and the second and third floors are crooked. The third floor is not even in livable condition and has no current occupants. Some of the walls and ceilings have been knocked down, piles of wood lay scattered all over the floor and old furniture lays there abandoned.
Valentin’s sons, Christian, 15, and Ricardo, 18, help translate for their father, as he speaks mostly Spanish and a little English.
“The whole place was broken down [when my father moved in]. The landlord said he would fix it, but he never did,” Christian Valentin says. When Valentin approached the landlord again after moving in, “he said he didn’t have the money,” Christian says.
Entire portions of the wall on the third floor have been ripped out. (Photo by Hiral Dutia)
Since the tenants moved in, things have only gotten worse. Neighbors complain that there have been issues with trash around the apartment complex.
“The inside [of the apartment] didn’t have anything,” Ricardo Valentin says. “Our father fixed the walls, lights, fans and floors – everything.”
Ricardo works as a mechanic at ITT Tech, while Christian attends school in the Main South area. The two live nearby with their mother but visit their father and grandfather often.
Unaware of the situation, Valentin paid rent to the illegitimate landlord for eight months after moving in. The man who claimed he was the landlord took cash-only payments of $750 per month as rent, and the Valentins do not remember his name.
“We thought the rent was high [for a place in such bad condition], but we need an apartment and it was the best we could have done,” says Christian.
On May 31, the property was put in foreclosure by Bank of America after Lockhart had not paid the mortgage for several months.
At that point, TenantAccess, a property management company, took over management of the 31 Grand Street property for Bank of America. The Limited Property Manager has sent Valentin a few notices, indicating Valentin should cease rent payments and has asked him to make an appointment to discuss “any needed repairs” and “where to send rent.”
Ever since TenantAccess sent the first notice, the illegitimate landlord has disappeared.
The final notice, dated 23 June 2011, also states, “If we do not hear from you in the next 24 hours, we will assume you are unwilling to cooperate with us. It is important for you to comply with us in order to continue any lease you may have at the property.”
When a representative of TenantAccess arrived to the apartment with the first notice, he told the Valentins that they would try to give them some time, but that they were going to have to relocate very soon.
As a result, Valentin feels that the bank is not willing to help them, but only wants him to vacate the premises. He has not yet made an appointment.
Bank of America has indicated to him verbally that they would assist him if he agrees to vacate the property, but they have not given him any additional details, such as which properties are available or any discussion about rent.
Though he has been looking around the Main South area ever since he received the first letter from TenantAccess, he has not found any available places.
The second floor is currently occupied by 63-year-old Feliz Israel, who has been living on Grand Street for close to two years now. Israel is in the same predicament.
A former mechanic, he lives alone and cannot afford to pay rent by himself. His daughter, who lives on Lincoln Street, was taking care of rent payments until Israel was notified that the individual posing as Lockhart had was not the real owner and he was to discontinue paying rent.
Israel has received letters from a representative of RE/MAX Advantage 1: “Attention 2nd floor tenants: I represent the bank that owns this property and may be able to offer money to help you relocate. Please contact me to discuss your options and see if you qualify.”
Israel speaks limited English and relies heavily on his daughter to take care of his housing and finance. Looking for new apartments has been tough for him as well.
In light of the entire situation, Christian says, “We aren’t being treated right. [The bank] should wait a while and help us get a different apartment somewhere.”
Valentin and Isreal ceased rent payments upon receiving the notices from TenantAccess and currently are not making rent payments to any parties.
When contacted for verification of the tenants’ claims, a TenantAccess representative stated they were unable to provide any information and declined to make any further comment. Additionally, RE/MAX Advantage 1 was unavailable for comment.
