Montreal mayoral candidate took in illegal security deposit from tenant renting her home
Soraya Martinez Ferrada, who vowed to fix city's housing issues, calls it 'an error in good faith'
A candidate running to become Montreal's next mayor collected a security deposit from a tenant who is renting out her family home — a violation of Quebec law.
The story was first reported by the Journal de Montréal.
Soraya Martinez Ferrada, the leader of Ensemble Montréal, the Official Opposition at city hall, has promised to make housing more accessible in the city, recently dubbing herself as la mairesse du logement, French for "the mayor of housing."
When her four-bedroom, semi-detached bungalow in the city's Saint-Michel neighbourhood was listed in 2023 with the asking price of $2,850 per month, the listing stated that the tenant needed to pay a "one month security deposit for the appliances."
"This will be given [back] when the landlord collects the keys," the listing read.
Article 1904 of the Quebec Civil Code outlines that a landlord may not "exact any amount of money other than the rent, in the form of a deposit or otherwise."
The listing for the candidate's home also stated that the tenant would have to agree to pay a $175 cleaning fee, which is also illegal.
Even though Martinez Ferrada's home has a tenant, the listing can still be viewed on the real estate agent's website, but it doesn't mention anything about a deposit. CBC News was able to obtain the original listing with the stipulation about the security deposit and the cleaning fee through Centris, a real estate website with a vast inventory of properties on sale and for rent.
Speaking with reporters on Monday, Martinez Ferrada said she entrusted a real estate agent with listing her property. She described requesting and collecting the security deposit as an "error in good faith."
In Quebec, a deposit is only valid if the tenant pays it voluntarily and without any pressure from the landlord.
$1,000 fee, not $2,850, Martinez Ferrada claims
Despite the fee being described in the listing as a "one month" charge, Martinez Ferrada denied the Journal de Montréal report that the tenant paid her $2,850 — which would be the equivalent of one month of rent at the price that was listed.
The mayoral candidate claims the tenant paid her $1,000 and that the deposit was not for rent but rather for appliances that she had purchased for the home.
She said she only realized she had collected the sum from the tenant after a journalist contacted her about the situation. She said the money has since been given back to the tenant.
The mayoral candidate did not address the cleaning fee during her news conference Monday, but a spokesperson for her party told CBC News that fee was never charged despite what was written in the listing. Only the $1,000 security deposit was charged, the spokesperson said.
"It's a mistake that happens far too often in Montreal," Martinez Ferrada said Monday. "When mistakes happen, you have to take responsibility for them."
Martinez Ferrada was elected as the MP for the Hochelaga riding in 2019. In 2023, she was appointed as the federal tourism minister under Justin Trudeau's Liberal government.
In February of this year, she quit federal politics with the goal of becoming Montreal's next mayor. Later that month, she became the leader of Ensemble Montréal. She was the only candidate in the race.
On Monday, the candidate said she would continue referring to herself as the "mayor of housing."
"Part of being mayor is taking responsibility for your actions and that's what I'm doing today," she said.
No one's above the law, Projet Montréal leader says
In addition to being an MP and Canada's tourism minister, Martinez Ferrada also served as the parliamentary secretary for the federal housing minister.
In this year's municipal elections, she'll be going up against Luc Rabouin, who took over from Valérie Plante as the leader for Projet Montréal in March.
When asked about the fees included in the listing for Martinez Ferrada's property, Rabouin said no one was above the law, "especially if you aspire to become the mayor of Montreal."
"Two-thirds of Montrealers are tenants and they absolutely need to understand and believe that the future mayor of Montreal understands their reality and will be there to defend their rights," he said.
Francis Dolan, a community organizer with Regroupement information logement de Pointe-Saint-Charles, a housing rights group, said in an email the controversy "puts into perspective our elected representatives' poor understanding" of the reality of renters.
Quebec's municipal elections will be held on Nov. 2.
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With files from Steve Rukavina